2
4.
The April 24, 2003 communication by the State of Haiti (hereinafter “the
State”), received at the Secretariat on the following May 20, in which it
acknowledged receipt of the April 3, 2003 reminder of the Secretariat (supra Having
Seen 2) and stated that it was forwarded to the Ministry of Justice and Public
Security “for the relevant purposes.”
5.
The May 22, 2003 note by the Secretariat, in which it asked the State to send
its communications “by fax or courier for them to arrive in a timely manner [and
therefore to make] the processing of the instant matter more expeditious and agile.”
6.
The May 22, 2003 communication in which the Inter-American Commission
forwarded to the Inter-American Court of Human Rights (hereinafter “the Court” or
“the Inter-American Court”) a March 21, 2003 note, received on May 6, 2003 by the
Secretariat of the Commission, in which the State referred to the precautionary
measures ordered by the Commission. The Commission also reiterated its the
content of the observations made in its April 16, 2003 communication (supra Having
Seen 3).
7.
The May 30, 2003 brief in which the Commission referred to the letters filed
by the State before the Inter-American Court on May 20, 2003 (supra Having Seen
4) and it pointed out that they were received seven weeks after expiry of the term
set in the March 18, 2003 Order of the President (supra Having Seen 1). It also
stated that said letters do not constitute “a report before the Inter-American Court of
Human Rights […] on the urgent measures adopted [by the State].” On the other
hand, the Commission reported that Mr. Fleury’s situation was the same as described
in the April 16 and May 22, 2003 communications (supra Having Seen 3 and 6), “in
other words, that he continue[d] to live undercover and not at his home.” Finally,
the Commission asked the Court to:
1.
find that the State of Haiti ha[d] not fulfilled its obligation to effectively
implement the March 18, 2003 Order of the President of the Inter-American Court of
Human Rights;
2.
ratify the March 18, 2003 Order of the President of the Inter-American Court of
Human Rights, issue an Order on provisional measures in favor of Lysias Fleury, all the
above in reiteration of each of the operative paragraphs of the March 18, 2003 Order of
the President of the Inter-American Court of Human Rights; [and]
3.
order the State to report to the Court, within a brief term, on concrete and
effective measures adopted by Haiti to carry out the provisional measures, and secondly
to report to the Court in the same manner every two months.
8.
Resolutions 1818/01 and 1842/02 of the
Organization of American States, in which it decided:
General
Assembly
of
1.
To reiterate its support for the work carried out, at both the national and
regional levels, by human rights defenders; and to recognize their valuable contribution
to the protection, promotion, and observance of human rights and fundamental freedoms
in the Americas.
2.
To deplore acts that directly or indirectly prevent or hamper the work of human
rights defenders in the Americas.
3.
To urge member states to step up their efforts to adopt the necessary
measures, in keeping with their domestic law and with internationally accepted principles
and standards, to guarantee the life, personal safety, and freedom of expression of
human rights defenders.
the
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