information to support the interest or the desire of the beneficiaries to maintain these
provisional measures in force or on the persistence of the alleged situation of extreme
gravity and urgency and the need to avoid irreparable damage to them. The Court also
observes that, in this proceeding on provisional measures, the State has not provided
a satisfactory response to the measures ordered by the Court in its Order of
September 21, 2009 (supra having seen paragraph 2). During this proceeding, the
State had responded that it would take measures and that it would communicate with
local authorities, actions that apparently have not occurred (supra having seen
paragraph 7).
14.
Furthermore, the Court also observes that the State failed to forward the
information requested by the Court in the Secretariat’s communications of January 11,
June 2 and July 23, 2010. It is pertinent to recall that it is essential that the State
respond and provide information when the organs of the inter-American human rights
system request this so that the protection mechanism can function effectively.5
15.
In view of the absence of information on extreme gravity and the urgency of
avoiding irreparable damage to the life and personal integrity of the beneficiaries, the
Court proceeds to lift the provisional measures adopted in this matter.
16.
Lastly, the Court reiterates that Article 1(1) of the Convention establishes the
general obligation of the States Parties to respect the rights and freedoms recognized
therein and to ensure to all persons subject to their jurisdiction the free and full
exercise of those rights and freedoms, under all circumstances. Moreover, provisional
measures are of an exceptional nature and are complementary to this general
obligation of the States. In this regard, the presumptions considered by the Court to
lift provisional measures cannot signify that the State is relieved of its protection
obligations under the Convention. Consequently, the Court emphasizes that,
irrespective of the existence of specific provisional measures, the State is obliged to
ensure the rights of A.J., J.L., Michelet Laguerre, Pierre Luc Sael, and their respective
next of kin.
THEREFORE,
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of the powers conferred upon it under Article 63(2) of the American
Convention on Human Rights and Article 27 of the Court’s Rules of Procedure,
DECIDES:
1.
To lift the provisional measures ordered by the Inter-American Court of Human
Rights on September 21, 2009, in favor of A.J., J.L., Michelet Laguerre, Pierre Luc
Sael, Sterlin Joudain, André Junior Laurore, Sonise Joseph, Josué Matthieu Laurore and
their respective next of kin.
5
Cf. Matter of A.J. et al. Provisional measures with regard to Haiti. Order of the Inter-American Court
of Human Rights of September 21, 2009, ninth considering paragraph, and Matter of Guerrero Larez.
Provisional measures with regard to Venezuela. Order of the Inter-American Court of Human Rights of
November 17, 2009, twelfth considering paragraph.
6