which he reported what had happened, indicated that his life and that of his family was in danger, and requested
judicial assistance. According to what was indicated by the petitioner in various communications, that request
was never answered. The petitioner indicates that the Prime Minister is the highest authority of the Superior
Council of the National Police.
9.
The petitioner also refers to a series of events that occurred from 2007 to 2009 said to be
related to the attempted homicide. As indicated, he alleges having suffered another attempted homicide on
March 9, 2007, at 11:00 a.m. at the place of his business. After these events he is said to have abandoned his
house and his business out of fear. In addition, on March 22, 2007, a person with characteristics very similar to
his and with the same name is said to have been assassinated in Décaillette. According to the petitioner, this
person was assassinated by mistake, as he – the petitioner – was the real target. Moreover, he alleges that on
August 28, 2008 his house was robbed. He indicates that the police indicated that nothing could be done due to
the lack of patrols. Finally, Mr. Willer alleges that he was pursued by a group of unknown persons in the street
on August 26, 2009, but that he was able to escape.
10.
The petitioner indicates that in recent years his health has deteriorated. In early 2009 a
medical diagnosis had concluded that Mr. Willer suffers from neurasthenia, so he began to receive
psychological treatment. In his last communication he indicates that he has two lumbar hernias which, he said,
need to be operated on, but that he doesn’t have the resources needed to have the surgery. He alleges that he
has sought assistance from the Ministry of Public Health and the Ministry of Social Affairs, but that he did not
receive a response. The petitioner is asking the IACHR for justice and reparations.
B.
Position of the State
11.
In its answer the State indicates that the Ministry of Foreign Relations forwarded the petition
to the Ministry of Justice and Public Security so that it might act accordingly.
12.
In that note the State briefly refers to the merits and indicates that “no element in the record
shows that a state agent is implicated in the attempted homicides perpetrated against Mr. Baptiste, or that the
persons that he has identified as accomplices are being protected or aided and abetted by the Haitian
authorities.” The State also indicates that “one of the alleged perpetrators is being actively sought by the Police
and is the subject of a television spot in which the population is asked to collaborate with the judicial authorities
to secure his arrest.”
13.
this report.
No additional observations have been received from the State as of the date of the adoption of
IV.
ANALYSIS ON COMPETENCE AND ADMISSIBILITY
A.
Competence
14.
The petitioner is authorized, in principle, by Article 44 of the American Convention to submit
petitions to the Commission. The petition notes as the alleged victim a physical person with respect to whom
the State of Haiti undertook to respect and ensure the rights enshrined in the American Convention. As regards
the State, the Commission notes that Haiti has been a state party to the American Convention since September
27, 1977, the date on which it deposited its instrument of ratification. Therefore, the Commission is competent
ratione personae to examine the petition. In addition, the Commission is competent ratione loci to hear the
petition, insofar as it alleges violations of rights protected in the American Convention said to have occurred in
the territory of Haiti, a state party to that treaty.
15.
The Commission is competent ratione temporis insofar as the obligation to respect and ensure
the rights protected in the American Convention was already in force for the State on the date the facts alleged
in the petition are said to have occurred. Finally, the Commission is competent ratione materiae because the
petition alleges posible violations of human rights protected by the American Convention.