4.
These provisional measures are not related to a case being heard by the Court,
but originated from a request for precautionary measures submitted to the InterAmerican Commission together with an individual petition on January 12, 2009.
According to the information provided by the Commission, this petition is at the
preliminary examination stage as No. 28-09, and the Court does not have recent
information on the progress of the case before the Commission.
a) Regarding the beneficiaries of provisional measures
5.
The documentation forwarded by the parties does not provide recent
information on the situation of risk of the beneficiaries of the provisional measures. In
this regard, the Court observes that, since the issue of the Order of September 21,
2009, neither the Commission, nor the State or the representatives have provided
specific, up-to-date information on the beneficiaries of the measures, Michelet
Laguerre and Pierre Luc Sael. Furthermore, regarding A.J. and J.L., the Commission
indicated that “it has no new information about threats” against them (supra having
seen paragraph 11). Lastly, the Court takes note of the information provided by the
Commission concerning the death of Sterlin Joudain and André Junior Laurore,
beneficiaries of the provisional measures, as a result of the January 12, 2010
earthquake (supra having seen paragraph 11).
b) Regarding the next of kin of the representatives, beneficiaries of provisional
measures
6.
In its Order of September 21, 2009, the Court admitted the provisional
expansion of the provisional measures in favor of determined next of kin of the four
members of ACREDH (supra having seen paragraph 2).
7.
The Commission, within the time frame granted, individualized the next of kin
of the beneficiaries regarding whom the Court had ordered the expansion of the
provisional measures. However, in response to the request for specific information
about their risk situation, it advised that they were “members of the immediate family
[…] who live under the same roof” as some of the beneficiaries and that the facts
“indicate that the violence has gradually been extended to individuals indirectly related
to the matter (supra having seen paragraph 5).
8.
The updated information provided by the Commission reveals that Rodeline
Joseph, a direct relative of Pierre Luc Sael, was the victim of attacks and acts of
intimidation on at least two occasions: (a) on December 26, 2009, she was attacked by
a group of men with sticks, supposedly because she was Pierre Luc Sael’s companion
(supra having seen paragraphs 8 and 11), and (b) on May 8, 2010, a former detainee
allegedly went to her mother’s home to threaten her (supra having seen paragraph
11). The Court also takes note of the information provided by the Commission on the
death of Sonise Joseph and Josué Matthieu Laurore, next of kin of the beneficiary
André Junior Laurore, who also died as a result of the earthquake of January 12, 2010.
November 25, 2010, third considering paragraph, and Matter of Alvarado Reyes et al. Provisional measures
with regard to Mexico. Order of the Inter-American Court of Human Rights of November 26, 2010, fourth
considering paragraph.
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