2
f)
the applicant states that he has contacted domestic authorities several
times so as to pursue “the administrative investigation opened in his
case.” Specifically, the applicant went to the office of the General
Inspector of the National Police of Haiti, where he had to identify his
aggressors, in their presence. At that time, the applicant explained to
the inspector that he felt fear and that his life was threatened.
According to the applicant, no measures were adopted to ensure his
protection;
g)
while he continues to work as a human rights advocate, Mr. Fleury
currently lives undercover and no longer lives in his house for fear of
being attacked once again;
h)
on October 10, 2002, the Commission received a request, dated that
same day, in which the applicant, Lysias Fleury, asked the Commission
to adopt precautionary measures in his favor. On October 15, 2002,
the Commission adopted precautionary measures in favor of Mr.
Fleury, pursuant to Article 25 of its Rules of Procedure, the object of
which was for the State to ensure protection of his life and his right to
humane treatment and to adopt such measures as may be required for
an investigation to be conducted regarding the facts stated by the
applicant. On November 12, 2002, on February 10, 2003, and on
March 5, 2003, the Commission reiterated said precautionary
measures and asked the State to report on measures adopted. Almost
twelve weeks after expiration of the 15-day term initially set by the
Commission for the State to respond, the Commission received, on
January 27, 2003, a January 10, 2003 note by the State in which it
acknowledged receipt of a letter by the Commission and reported that
the file had been forwarded to the respective authorities for
appropriate processing. On March 7, 2003 the applicant was received
by an agent of the Ministry of Foreign Affairs to discuss the
precautionary measures adopted by the Commission, at which meeting
he was informed that said Ministry would contact the director of the
National Police of Haiti and that a letter would be sent to the Ministry
of Justice to request additional information on the status of his file.
3.
The observations by the Commission in which it pointed out that as a whole
the alleged facts constitute an urgent situation of extreme gravity that could cause
irreparable damage to Lysias Fleury, which warrants the Court ordering provisional
measures, pursuant to Article 63(2) of the American Convention. Furthermore, in
view of the fact that the applicant is a member of a human rights advocacy
organization, the State has the obligation to ensure protection and, for these
reasons, the Court should order provisional measures, as it has done in similar
cases.
Finally, the Commission argues that the State has not respected the
precautionary measures that it ordered in the instant case.
In view of the above, the Commission asked the Court to order the State:
1.
to immediately adopt such measures as may be necessary for the
effective protection of the life and the right to humane treatment of
Lysias Fleury, specifically
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