13
7.
That in order to effectively safeguard the rights enshrined in the American
Convention, the State Party is obliged to protect all the people living within its
jurisdiction. In the Court's opinion, said general obligation has to be fulfilled not only
in relation to the power of the State but also in relation to third parties’ acts5.
8.
That the provision established in Article 63(2) makes it mandatory for a State
to adopt such provisional measures as this Tribunal may order, inasmuch as according
to the basic principle of the law of States’ responsibility, supported by international
precedents, States must abide by their conventional obligations in good faith (pacta
sunt servanda).
*
*
*
9.
That in accordance with Court's Orders of August 18, 2000, November 12,
2000 and May 26, 2001, and the President's Order of October 5, 2005 (supra Having
Seen clauses 1, 2, 3 and 7), the State must:
a) adopt such measures as may be necessary to protect the life and personal
integrity of Benito Tide-Méndez, Antonio Sension, Andrea Alezy, Janty FilsAime, William Medina-Ferreras, Rafaelito Pérez-Charles, Berson Gelim, Father
Pedro Ruquoy, Solain Pie or Solain Pierre or Solange Pierre and her four
children;
b) refrain from arbitrarily deporting or expelling Benito Tide-Méndez, Antonio
Sension, Rafaelito Pérez-Charles and Ms. Solain Pie or Solain Pierre or Solange
Pierre’s four children from its territory;
c) allow Janty Fils-Aime, William Medina-Ferreras and Berson Gelim to
immediately return to its territory;
d) enable, forthwith, the reunification of Antonio Sension, Andrea Alezy and
Berson Gelim with their underage children living in the Dominican Republic;
e) collaborate with Antonio Sension to gather information on the whereabouts
of his next of kin in Haiti or the Dominican Republic;
f) continue to follow-up on the investigations launched by competent
authorities in relation to people protected by these provisional measures, as
well as investigate the facts that prompted the adoption of urgent measures to
protect the rights to life and personal integrity of Ms. Solain Pie or Solain Pierre
Nacional” and “Así es la Noticia” Newspapers. Provisional Measures. Order of the Inter-American Court of
Human Rights of July 6, 2004, Considering clause 13.
5
Cfr. Matter of Eloisa Barrios et al. Provisional Measures. Order of the Inter-American Court of
Human Rights of September 22, 2005, Considering clause 7; Matter of Eloisa Barrios et al. Provisional
Measures. Order of the Inter-American Court of Human Rights of June 29, 2005, Considering clause 8; and
Matter of the Mendoza Prisons. Provisional Measures. Order of the Inter-American Court of Human Rights of
June 18, 2005, Considering clause 4.
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