measures in his favor as it did in the cases of Messrs. Rafaelito Pérez Charles and
Andrea Alezy in its Order of July 8, 2009.
28.
On that occasion, the State expressed that Mr. Gelin’s safe-conduct was
renewed and delivered and that it does not have an expiration date. It mentioned
that, given he has that safe-conduct, the beneficiary’s risk to be repatriated has
ceased. The State also indicated that Mr. Gelin has not mentioned any news or the
occurrence of any fact that could put his life and personal integrity at risk.
29.
The State also referred to the fact that Mr. Medina’s safe-conduct was renewed
in March 2010 and that he already has his Dominican identification and voter’s card,
thus the risk of being repatriated has ceased. It also observed that this beneficiary
has not mentioned any news or the occurrence of any fact that could put his life and
personal integrity at risk.
30.
Finally, the State mentioned that Messrs. Gelin and Medina are living in Haiti
voluntarily and that “the Dominican State can only adopt measures regarding
compliance with the American Convention […] in relation [to] the people who live
within the territory over which it exercises sovereignty.” It also indicated that
“[n]either of them has any objection by the Dominican authorities to reside in the
country, since Mr. […] Gelin, in his capacity as Haitian citizen, has [a] safe-conduct
[…] and Mr. […] Medina […] is a Dominican citizen.”
31.
The representatives did not submit specific and updated information on the
situation of Messrs. Sension, Gelin, and Medina, regarding the level of risk in relation
to the enjoyment of their rights. They did present considerations on the
implementation of said measures in their brief of June 22, 2012, and they informed
that Colonel Duvergé was in charge of implementing the provisional measures in favor
of Messrs. Sensión and Gelin, but he has not done so. On that occasion, they
indicated that Mr. Medina lives on the Haitian margin of the border; that the
measures in his favor were not implemented and that he was not included in the list
of the “families” regarding which Colonel Duvergé must implement the measures.
32.
The representatives requested that the Court “reiterate to the Dominican State
the need to comply with all the measures ordered by this Honorable Court in favor of
all the families, not only the families on the Dominican side of the border.”
33.
In its observations of July 31, 2012, the Commission noted that
the effective return of all the beneficiaries to the Dominican Republic was not possible due
to different reasons, among others, the delay in establishing an adequate mechanism to
respond to their specific situation, the difficulties related to the issuing and renewal of the
safe-conducts, and certain obstacles for its correct implementation, due to the apparent
lack of knowledge by some state authorities of its validity.
34.
It also observed
with concern that, in its last reports, the State has radically changed its position from that
of ‘full disposition to hand over the remaining safe-conducts’ to the current one in which it
considers that ‘no other safe-conducts still have to be issued’ and the lack of information
regarding the measures adopted for the implementation of the present provisional
measures.
35.
The Commission requested that the Tribunal maintain the provisional
measures in favor of the alleged victims of “case No 12.271, recently submitted to the
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