Leticia returned home only once they had left. Finally, they mentioned that on March
17, 2012, Mrs. Pierre’s four children, along with their children and couples, were
detained at an immigration police control post where they were identified as Mrs.
Pierre’s children, in such a manner that they felt threatened. The representatives
requested that the Court maintain the provisional measures in favor of Mrs. Pierre’s
four children, “taking into consideration the multiple confrontations they have had
with state agents, especially in front of their home or on the way home.”
22.
In its observations of July 31, 2012, the Commission pointed out “that the
situation of risk of the children of Sonia Pierre is related to the activities their mother
carried out as a human rights defender, which implied certain [(sic)] that were
transferred on to her next of kin and that would continue in the present.” The
Commission requested that the Court “maintain the provisional measures” in favor of
Mrs. Pierre’s children, “based on the persistence of certain factors that could put at
risk the life and physical integrity of the beneficiaries, and the lack of specific
information to the contrary filed by the State, along with the lack of implementation
of protective measures,” until “there is sufficient information indicating that the
requirements for their maintenance no longer persist.”
*
23.
Based on the foregoing, in relation to the children of Solange Pierre, the State
did not refer to the specific situation of each of them, even though it had previously
requested the rescission of the measures adopted in their favor since it understood
that, upon the death of their mother, the reasons for the respective provisional
measures had ceased to exist6. Likewise, the Court notes that the State carried out
several actions through Colonel Duvergé to establish contact and hold meetings with
Mrs. Pierre’s children, even though there were various difficulties based on the way in
which it was done. In turn, the representatives argued that they have been the target
of acts of harassment, like the “detention” of the children of Mrs. Pierre together with
their next of kin in a immigration police control post, as well as two of her children
being followed, and the fact that two of them currently work for MUDHA, which would
place them at risk.
24.
Upon ordering the provisional measures in favor of Mrs. Pierre, the Court
considered that their goal was her protection given that she had offered her testimony
in the present provisional measures on August 8, 20007 with regard to the situation of
the beneficiaries she represented. Upon her return to the Dominican Republic, she
was the target of persecution and threatening telephone calls, based on which the
measures were adopted in her favor, and subsequently, they were expanded in favor
of her children as well.8 Therefore, the purpose of protecting the life and personal
integrity of said persons was to avoid threats or reprisals linked to the statements
6
Cf. Matter of Haitians and Dominicans of Haitian origin in Dominican Republic. Provisional
Measures regarding the Dominican Republic. Order of the Court of February 29, 2011, twenty-fifth
considering paragraph.
7
Cf. Matter of Haitians and Dominicans of Haitian origin in Dominican Republic. Provisional
Measures regarding the Dominican Republic. Order of the Court of August 18, 2000, twelfth considering
paragraph.
8
Cf. Matter of Haitians and Dominicans of Haitian origin in Dominican Republic. Provisional
Measures regarding the Dominican Republic. Order of the Court of February 2, 2006, fifteenth and
sixteenth considering paragraphs.
7