2
on several occasions while he was detained at the Petit Goâve Police Precinct, where
a police official known as “Jasmin”, would have tried to intimidate her into accepting
sexual intercourse with him in exchange for her father being set free. When she
refused, on October 4, 2008, A. J. would have been raped, allegedly by such police
agent. A. J.’s next of kin requested support from ACREDH, an organization which
proceeded to report the facts before a Justice of the Peace. B. J. was set free on
December 27, 2008;
c)
after the rape was reported, A. J., her next of kin and ACREDH staff would
have been subjected to many threats and acts of harassment by the official known
as “Jasmin” and by a Police Precinct Chief whose last name was Monsiaque, for which
reason the Justice of the Peace at Petit Goâve was requested to intervene. However,
such request was unsuccessful. Specifically, the beneficiaries complained before the
Commission that: on January 20, 2009 a police agent would have showed up on
ACREDH premises and would have insulted two members of the organization; ii) on
February 26, 2009 two armed police agents, who identified themselves as “friends to
agent Jasmin”, would have threatened ACREDH members; iii) on the following day,
phrases such as “Aba ACREDH”, meaning “we must get rid of ACREDH” would have
appeared on the walls in the city; iv) on March 20, 2009 an armed group would have
invaded the place of residence of A. J.’s next of kin, from where a number of
personal documents were taken away, among which the scant evidence of what had
happened to A. J.; v) after such incident, the family would have decided to leave the
house and move to another town, in order to preserve their lives and their personal
integrity, and vi) towards the end on March, 2009, five armed men would have
kidnapped B. J., whose lifeless body was found some days later, on March 28, 2009,
with bullet impacts and bruises, and
d)
After the precautionary measures had been granted, A. J., her next of kin and
ACREDH would have continued to be subjected to threats and acts of harassment.
Specifically, the beneficiaries complained before the Inter-American Commission
that: i) on June 19, 2009, J. L. was in Petit Goâve on business and would have been
threatened by a group of individuals for which reason she would have decided to
leave the city once more; ii) the following night the J. family house was arsoned, a
fact that was reported at the record offices of the Petit Goâve Justice of the Peace,
something which resulted in officials from such office going to the place and verifying
that, in fact, the house had been burned; iii) at such point, J. L. would have
expressed that for several months her next of kin had been subjected to various
forms of persecution, which had resulted in her husband being abducted and in her
residence being arsoned. She added that she had left the city with her next of kin,
but that she had occasionally returned there for business and social reasons; she
emphasized that her family were being tracked down in order to take their lives; iv)
on June 22, 2009, ACREDH members would have received anonymous phone calls in
which they were threatened with arsoning the facilities of the organization, and v) on
July 15, 2009 tires would have been burned in front of the offices of the above
mentioned organization.
3.
The arguments advanced by the Commission in order to ground its request for
provisional measures were the following, to wit:
a)
As the outcome of the facts stated hereinabove, A. J. and her mother J. L.
have had to modify their way of life, and even to leave the place where they carried
on their family and business personal life, in order to reduce the risk of suffering
irreparable damage to their lives and personal integrity. On their part, ACREDH