ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF AUGUST 30, 2011
PROVISIONAL MEASURES
WITH REGARD TO THE DOMINICAN REPUBLIC
CASE OF GONZALEZ MEDINA ET AL.
HAVING SEEN:
1.
The brief of the representatives of the alleged victims1 (hereinafter “the
representatives”) of August 9, 2011, and its attachment, in which they submitted to
the Inter-American Court of Human Rights (hereinafter “the Inter-American Court” or
“the Court”) a request for provisional measures, pursuant to Articles 63(2) of the
American Convention on Human Rights (hereinafter “the American Convention” or “the
Convention”) and 27 of the Rules of Procedure of the Court (hereinafter “the Rules of
Procedure”), for the Dominican Republic (hereinafter “the State” or “Dominican
Republic”) to adopt measures “in order to protect the life and personal integrity of
Mario José Martín Suriel Núñez.”
2.
The alleged facts on which the request for provisional measures filed by the
representatives are based, namely:
a) On August 7, 2011, “at around 11 p.m. Mario José Martín Suriel Núñez was
driving home in his car” when, at a certain point on Independencia Avenue “a
young man with a suspicious attitude stepped in front of the vehicle with the
clear intention of making Mr. Suriel Núñez stop. Mr. Suriel Núñez stopped, but
when he observed that there was a group of around five (5) men with the
youth, all of whom were rushing towards him aggressively and who appeared to
be carrying knives, Mr. Suriel Núñez started driving off in order to leave that
place and try to find a police station. However, he was immediately followed by
a dark brown “jipeta” (an SUV) all along Independencia Avenue, Padre Billini
Street, 19 de Marzo Street, and then George Washington Avenue up to the
floating bridge. Mr. Suriel Núñez was able to cross the bridge and escape the
car that was following him, but owing to the high speed at which he was driving
in order to avoid being attacked, when approaching Villa Duarte his vehicle
overturned and ended up upside down, with the roof facing the ground and the
tires in the air. Mr. Suriel Núñez was able to get out of the vehicle through a
window and was helped by those living nearby.” Mr. Suriel Nuñez’s “vehicle was
declared a total loss, because the damages cannot be repaired.” The
representative attached photographs of the vehicle;
b) “Subsequently, neighbors of Mr. Suriel Núñez’s home stated that several
individuals in a jipeta, with the same description as the one that followed him,
Judge Rhadys Abreu Blondet, a Dominican national, recused herself from hearing the case of
Gonzalez Medina et al. and, thus, the present request for provisional measures, pursuant to Articles 19(2) of
the Statutes and 19(1) of the Court’s Rules of Procedure. Judge Leonardo A. Franco informed the Court that,
for reasons beyond his control, he could not be present during the deliberation and signature of this order.
1
The alleged victims in the instant case appointed as their representatives the lawyers Tomás Castro
Monegro and Rafael Domínguez, from the civil society organization “Comisión de la Verdad,” and Viviana
Krsticevic, Ariela Peralta, Francisco Quintana, and Annette Martínez, from the Center for Justice and
International Law (CEJIL).