Inter-American Court of Human Rights
Case of Yvon Neptune v. Haiti
Judgment of May 6, 2008
(Merits, Reparations and Costs)

In the case of Yvon Neptune,
the Inter-American Court of Human Rights (hereinafter “the Inter-American Court” or “the
Court”) composed of the following judges:
Cecilia Medina Quiroga, President
Diego García-Sayán, Vice President
Sergio García Ramírez, Judge
Manuel E. Ventura Robles, Judge
Leonardo A. Franco, Judge
Margarette May Macaulay, Judge, and
Rhadys Abreu Blondet, Judge;
also present,
Pablo Saavedra Alessandri,Secretary, and
Emilia Segares Rodríguez, Deputy Secretary;
pursuant to Articles 62(3) and 63(1) of the American Convention on Human Rights
(hereinafter “the Convention” or “the American Convention”) and Articles 29, 31, 53(2), 55,
56 and 58 of the Court’s Rules of Procedure (hereinafter “the Rules of Procedure”), delivers
this judgment.
I
INTRODUCTION OF THE CASE AND SUBJECT OF THE DISPUTE
1.
On December 14, 2006, in accordance with the provisions of Articles 50 and 61 of
the American Convention, the Inter-American Commission on Human Rights (hereinafter
“the Commission” or “the Inter-American Commission”) submitted an application to the
Court against the Republic of Haiti (hereinafter “the State” or “Haiti”) in relation to case no.
12,514. The application originated from petition No. 445/05, submitted to the Secretariat of
the Commission on April 20, 2005, by Brian Concannon Jr., Mario Joseph and the Hastings
Human Rights Project for Haiti. On October 12, 2005, the Commission adopted Admissibility
Report No. 64/05, and on July 20, 2006 it adopted Report on Merits No. 62/06 pursuant to
the terms of Article 50 of the Convention; the latter included specific recommendations to
the State.1 On December 14, 2006, the Commission decided, in accordance with Articles

1

In the Merits Report, the Commission concluded that Haiti “is responsible for failing to guarantee Mr.
Neptune’s right to respect for his physical, mental and moral integrity under Article 5(1) of the Convention and his
right under Article 5(4) to be segregated from convicted prisoners, in conjunction with Article 1(1) of the
Convention, based upon his detention conditions and treatment when he was held in the National Penitentiary[;…]

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