jurisdiction of the Court” (supra having seen paragraph 1) until the latter adopts a
final decision regarding said case. It took into consideration, inter alia, “the vulnerable
situation in which the beneficiaries and [alleged] victims of the case are, the need to
guarantee their participation in the proceedings and the context in which the
accusations against Haitians or Dominicans of Haitian origin have worsened” as well
as “the recent legislative reforms.” It pointed out that, in its understanding, “the
situation of risk […] of Messrs. Sensi[o]n, Gelin, and Medina […] is related[…] to the
summary deportation they suffered from the Dominican Republic more than 10 years
ago.”
36.
In relation to Messrs. Sensión, Gelin and Medina, the Court deems that the
parties did not present the necessary information to evaluate whether the situation
faced by the beneficiaries persists that led the Court to maintain the provisional
measures adopted in their favor in 2000, that is more than 12 years ago.11 To this
end, the arguments presented by the Inter-American Commission regarding the
alleged reasons that hindered the return of the beneficiaries to the Dominican
Republic (supra considering paragraph 33) are not precise in relation to specific facts
that may show the particular circumstances in which each one of the beneficiaries
currently live. The representatives, in turn, had made reference to certain aspects
related to the implementation of the measures, but not to the possible persistence of
a situation of extreme gravity and urgency to the detriment of such persons (supra
considering paragraph 31).
37.
The Court recalls its opinion about the rigorous assessment it must make to
decide the maintenance of the measures, in comparison with the analysis it must
make to decide if they should be granted (supra considering paragraph 25) However,
it recalls that in its Order of December 1, 2011, it indicated, in relation to Messrs.
Sensión, Gelin and Medina, that:
[i]n order to evaluate whether to maintain the provisional measures, the Court finds it
necessary for both the representatives and the Inter-American Commission to submit
precise and detailed reports on the current situation of each of the mentioned
beneficiaries with regard to the object for which the present measures were adopted.
Where necessary, they must justify the reasons for maintaining the measures to their
benefit with regard to their precautionary nature in relation to the merits case being
processed […]12
38.
Then the Court, in view of the information presented between December 1,
2011 and February 29, 2012, determined, on the latter date, pursuant with the
decisions made on December 1, 2011, it was appropriate to “maintain the […]
provisional measures in favor of Messrs. […] Gelin[, …] Sensión, and [Medina…] for an
additional period of at least six months, [and that] the Court would assess in due
course the maintenance of those measures.” As it springs from the above (supra
considering paragraph 36), after February 29, 2012, the Court did not receive precise
and detailed information on the beneficiaries’ situation. Without detriment to the
foregoing, the Court emphasizes that the State indicated that Mr. Sensión and Mr.
Medina have, apart from safe-conducts, Dominican identification and voter's cards
and that Mr. Gelin has a safe-conduct without expiration date (supra considering
11
Cf. Matter of Haitians and Dominicans of Haitian Origin in the Dominican Republic, Supra note 6,
thirty-first and thirty-fourth considering paragraphs.
12
Cf. Matter of Haitians and Dominicans of Haitian Origin in the Dominican Republic. Provisional
Measures regarding the Dominican Republic. Order of the Court of December 1, 2011, thirty-third
considering paragraph.
10