6
her children, through a telephone call and the presence of people who allegedly
follow and control them;
c)
“[Beneficiaries] Benito Tide-Méndez and Rafaelito Pérez-Charles [have
lived] in constant fear of being expelled from the Dominican Republic again
[and of suffering] the same misfortunes to which the [State] had already
subjected them”. In like manner, “petitioner [Antonio] [S]ension, whose wife
and children were illegally expelled to Haiti by the [State], fear[ed] being
subjected to […] similar circumstance[s]”. Mr. Berson Gelim was reunited with
his son William Gelim;
d)
by October 2001, Ms. Andrea Alezy was suffering from “psychological
problems”, due to which she has had to “spend whole seasons at her sister’s
house, in Belle-Anse, Haiti”;
e)
by April 12, 2002, the following persons had received special safeconducts: Antonio Sension; Benito Tide-Méndez; William Medina-Ferreras, his
partner, Lilia Jean Pierre, and his three children Wilda, Luis Ney and Carolina
Isabel; Janty Fils-Aime, his partner, Janise Midi, and his children, Diane,
Antonio, Endry and Juan, and Berson Gelim and his son William;
f)
on July 23, 2002, Mr. Antonio Sesion reunited with his wife, Ana Virgil,
and his two daughters, Ana Lidia and Reyita Antonia, after eight years without
seeing them, as a result of his alleged expulsion to Haiti in 1994. On August
12, 2002, the four members of the family appeared before the General
Directorate of Migration in Santo Domingo, and received their safe-conducts;
g)
the State must oversee that adopted measures remain in force, and
take, forthwith, such steps as may be necessary to ensure their efficacy,
particularly regarding the safe-conducts granted in favor of the beneficiaries
and their next of kin, as well as the safety and integrity of the beneficiaries,
their next of kin and the protected witnesses. In this respect, it pointed out
that although the safe-conducts are of a temporary nature, they will remain in
force until the Court renders a decision on the merits and only this instance is
empowered to declare them no longer valid, as is evident from the text of said
documents, to wit, that the holder is “[a]uthorized to freely transit and work in
the territory of the Dominican Republic until the Inter-American Court […]
decides case 12,271”;
h)
the Red de Encuentro Dominico-Haitiano (Dominican-Haitian Meeting
Network) Jacques Viou “does not appear as a petitioner in the case and,
therefore, [...] the meetings between the [Dominican-Haitian Meeting Network]
Jacques Viau and the State cannot be [considered] mechanisms to comply”
with the measures;
i)
progress was made in the implementation of the measures, for instance,
by supplying the safe-conducts to the seven families of the beneficiaries
between March and August 2002, and by signing the Memorandum of
Understanding on March 19, 2002, under which the Committee for the
Implementation of Provisional Measures was created to supervise compliance
with provisional measures. However, it subsequently asserted that the
aforementioned “Memorandum of Understanding […] was declared
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