4
b) beneficiaries "have not responded to the [State's] call to contact relevant
authorities", which precludes "proper fulfillment" of the Court's orders by the
Dominican Republic. It requested the Inter-American Commission of Human
Rights (hereinafter "the Inter-American Commission" or "the Commission") to
extend its good offices and call upon the representatives of the beneficiaries of
the provisional measures2 (hereinafter "the representatives") to collaborate
with the State by furnishing information to locate the beneficiaries of the
provisional measures, "making them appear before the [Dominican]
authorities";
c) the State and "the [Red de Encuentro Dominico-Haitiano (DominicanHaitian Meeting Network)] Jacques Viou, representative of the [beneficiaries],
signed a collaboration agreement [on January 23, 2001] to enable the [State]
to ascertain the true situation of the [beneficiaries] and comply with the
mandate of the [...] Court”;
d) on March 19, 2002, at the seat of the State Secretariat of Foreign Relations,
in the presence of members of the Inter-American Commission and
representatives of the beneficiaries, a Memorandum of Understanding was
drawn up with a view to creating a coordination and supervision mechanism of
provisional measures. On July 2, 2002, the State informed that the Comité de
Impulso (Committee for the Implementation of Provisional Measures), created
under the aforementioned Memorandum of Understanding, was the subject of a
constitutional motion filed by a group of lawyers and representatives of the civil
society before the Supreme Court of Justice of the Dominican Republic;
e) “it notifi[ed] competent authorities that Messrs. Benito Tide-Méndez,
Rafael[ito] Pérez-Charles, Antonio Sension, Andrea Alezy, Janty Fils-Aime,
William Medina-Ferreras and Berson Gelim, are under special protection", in
compliance with the orders of the Court;
f) on March 18, 2002, it supplied safe-conducts to Messrs. Antonio Sesion and
Benito Tide-Méndez, and on March 19, 2002, to Mr. William Medina-Ferrera and
his family, Mr. Janty Fils-Aime and his family, and Mr. Berson Gelim and his
family;
g) on August 12, 2002, it supplied safe-conducts to Mss. Ana Virgil, Reyita
Antonia and Ana Lidia Sension, Mr. Antonio Sesion's next of kin, and to other
six people, who are not beneficiaries of these measures;
h) the safe-conducts were granted so that beneficiaries could clarify and
regularize their migratory situation, and the time elapsed between the date
when the documents were granted "and [December 16, 2003] is enough for
them to have regularized their migratory status". In this respect, it is
It is worth mentioning that in the initial processing of these provisional measures, pursuant to the
Rules of Procedure of the Court in force as of November 24, 2000, only the State and the Commission
intervened. Those Rules were reformed by Order of the Court of November 25, 2003, and Article 25(6)
thereof provided that beneficiaries of provisional measures "may address their comments on the report
made by the State directly to the Court". Hence, the representatives submitted their first comments on the
report made by the State on April 20, 2004. From that date onwards, the representatives have continued to
submit the corresponding comments.
2
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