17
20.
That the State is obliged to investigate the facts that prompted the adoption
and extension of these provisional measures with a view to identifying those
responsible and imposing the corresponding punishment on them, without it being
necessary for beneficiaries to file a complaint before competent authorities (supra
Having Seen clauses 1, 2, 3 and 7).
21.
That, based on what the Commission and the representatives expressed
(supra Having Seen clauses 5, 6, 9 and 10) regarding the need to maintain these
measures of protection in favor of Messrs. Benito Tide-Méndez, Antonio Sension, Janty
Fils-Aime, William Medina-Ferreras, Rafaelito Pérez-Charles, Berson Gelim, Father
Pedro Ruquoy, Mss. Andrea Alezy and Solain Pie or Solain Pierre or Solange Pierre and
her four children, this Court deems it necessary to remind the State to implement and
take, in an immediate and effective fashion, whatever steps are necessary to
guarantee the protection of the life and personal integrity of the beneficiaries of these
provisional measures, as well as to prevent them, if appropriate, from being deported
or expelled from the Dominican Republic.
NOW THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of the authority conferred on it by Article 63(2) of the American
Convention on Human Rights and Article 25 of its Rules of Procedure,
DECIDES:
1.
To ratify the Order of the President of the Inter-American Court of Human
Rights of October 5, 2005, wherein the State was instructed to extend and implement
whatever measures are necessary to protect the life and personal integrity of Ms.
Solain Pie or Solain Pierre or Solange Pierre's four children.
2.
To reiterate what was expressed in the Orders of the Inter-American Court of
Human Rights of August 18, 2000, November 12, 2000 and May 26, 2001, in the
sense that the State must maintain whatever measures it may have adopted and
immediately provide for those that prove necessary to effectively protect the life and
personal integrity of Messrs. Benito Tide-Méndez, Antonio Sension, Janty Fils-Aime,
William Medina-Ferreras, Rafaelito Pérez-Charles, Berson Gelim, Father Pedro Ruquoy
and Mss. Andrea Alezy and Solain Pie or Solain Pierre or Solange Pierre.
3.
To call upon the State to create due conditions for Solain Pie or Solain Pierre or
Solange Pierre and her four children to return to their home in the Dominican Republic
and, as soon as this happens, to adopt whatever measures are necessary to protect
their lives and personal integrity.
4.
To call upon the State to perform all relevant actions so that the ordered
measures of protection are planned and implemented with the participation of the
beneficiaries thereof or their representatives, in such a manner that said measures are
executed diligently and effectively, and that, in general, they are permanently
informed about any progress made in said execution, particularly as regards the
creation of an adequate mechanism to jointly coordinate and plan the implementation
and adoption of these measures.
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