REPORT No. 21/14
PETITION 525-07
ADMISSIBILITY
BAPTISTE WILLER AND FRÉDO GUIRANT
HAITI
April 4, 2014

I.

SUMMARY

1.
On April 20, 2007, the Inter-American Commission on Human Rights (hereinafter, “the InterAmerican Commission” or “the IACHR”) received a petition filed by Baptiste Willer (hereinafter “the petitioner”
or “Mr. Willer”) against the Republic of Haiti (hereinafter, “Haiti” or “the State”) on his own behalf and on behalf
of his brother.
2.
The petitioner argues that he was the victim of an attempted homicide; that his brother Frédo
Guirant, 16 years of age, was assassinated as the result of the persecution against him; and that the facts remain
in impunity. The State, for its part, argues that there has not been any direct or indirect participation of state
agents, and that therefore there is no state responsibility.
3.
Without prejudging on the merits of the complaint, after analyzing the parties’ positions in
light of the requirements set forth in Articles 46 and 47 of the American Convention, the Commission decides
to find the case admissible for the purposes of examining the alleged violation of the rights enshrined in Articles
5(1), 8(1), 19, and 25 of the American Convention on Human Rights (hereinafter “American Convention” or
“Convention”), in keeping with Article 1(1) of that treaty. The Commission also decides to notify the parties of
this decision and to publish it and include it in its Annual Report to the OAS General Assembly.
II.

PROCEDURE BEFORE THE IACHR

4.
The IACHR received the petition on April 20, 2007, in the context of a working visit by the
IACHR to Haiti. On July 19, 2007, it forwarded a copy of the pertinent parts to the State, which it gave two
months to submit its observations. On August 27, 2007, the Commission received the response from the State,
which was transmitted to the petitioner on September 4, 2007.
5.
The petitioner submitted additional information on April 15, 2008; August 12 and 13,
September 3, 9, and 22, 2009; October 12, 2011; March 7, 2012; and November 6, 2013. Those communications
were duly forwarded to the State. The State has not yet answered the request for observations made on March
19, 2012, with one month to respond.
III.

POSITION OF THE PARTIES

A.

Position of the petitioners

6.
The petitioner alleges that on several occasions he received death threats and was the target
of attempted homicides by private persons, which he alleges continue to enjoy impunity. The facts are said to
have unfolded in a context of social violence and citizen insecurity. He indicates that these acts were due to its
attitude of neutrality in the face of the existing violence, since he refused to become involved in illegal activities.
7.
According to the petition, on February 4, 2007, at 9:00 a.m., Mr. Willer suffered a homicide
attempt along boulevard Jean Jacques Dessalines. That same day, between 5:00 p.m. and 6:00 p.m., his brother
Frédo Guirant, 16 years of age, is said to have been murdered, which is said to have been related to the
attempted homicide that targeted the petitioner. In his petition Mr. Willer identifies the alleged perpetrators of
such offenses, who are said to be well-known criminals.
8.
According to the information produced, on February 27, 2007, the petitioner sent a
communication to the Prime Minister, the Minister of Justice, and the Secretary of State for Public Security in

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