that of her children, and (g) require the State, the representatives and the Commission to
submit, at the latest by February 1, 2012, a clear and detailed report on the specific steps
taken to implement these measures.
A) Regarding the appointment of a State authority, the issue and renewal of safe conducts,
and a working group or team to collaborate in the implementation of the measures
ordered by the Court as well as the scheduling of work meetings
A.1)
Regarding the appointment of a State authority
10.
In its brief of February 1, 2012, the State advised that it had appointed Rafael Cruz,
of the General Directorate of Immigration, and Santo Miguel Octavio Román García, Deputy
Director General for Immigration, to be responsible for delivering the safe conducts, and
provided their contact details.
11.
In their briefs of February 10 and 17, 2012, the representatives and the Commission,
respectively, took note of the information provided by the State on the contact details of the
State authorities. In this regard, the representatives observed that Messrs. Cruz and Román
no longer worked with the said Directorate.
A.2)
Regarding the issue and renewal of safe conducts
12.
With regard to the issue and renewal of the safe conducts in favor of the
beneficiaries, the State reiterated its willingness to grant the remaining safe conducts, but
alleged that those individuals who had not received a safe conduct had not contacted the
authorities. In this regard, the State indicated that these individuals could go to the General
Directorate of Immigration to obtain the safe conducts.
13.
In their observations of February 1, 2012, the representatives indicated that no
State representative had responded to their efforts before the General Directorate of
Immigration. In their brief of February 10, 2012, in response to the State’s report of
February 1, 2012, the representatives reiterated their commitment to take the necessary
steps to ensure that the State complied with its obligation to take action, given that the
State had failed to comply with the provisional measures.
14.
Furthermore, together with their brief of February 1, 2012, the representatives
forwarded the Court a list with the names of the individuals who had been granted safe
conducts or whose safe conducts had been renewed. The list shows that four members of
the Medina Ferreras family; Berson Gelin; four members of the Sensión family, and eight
members of the Fils-Aimé family received safe conducts. In addition, eight members of the
Jean family received safe conducts. According to this list, 10 members of the abovementioned families have not yet received a safe conduct.7
15.
The representatives also pointed out that, due to disregard for the validity of the safe
conducts, the beneficiaries were subjected to “episodes of violence” from the authorities.
The representatives attributed those incidents to the State’s failure to take the measures
agreed at the first meeting of the working group that collaborates in the implementation of
the measures ordered by the Court. Likewise, they indicated that those measures are
essential to ensure the effectiveness of the safe conducts.
7
Namely: Kimberly Pérez Medina, Pili Sainlis (partner of Berson Gelin), William Gelin, Jamson Gelin, Kenson
Gelin, and Faica Gelin resident in Anse-A-Pitre, Haiti, and Reyita Antonia Sensión, Emiliano Mache Sensión,
Maximiliano Sensión and the daughter of Ana Lidia Sensión, all resident in Dominican Republic.
4