ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF JUNE 7, 2003
PROVISIONAL MEASURES REQUESTED BY
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
IN THE MATTER OF THE REPUBLIC OF HAITI*
LYSIAS FLEURY CASE
HAVING SEEN:
1.
The March 13, 2003 brief by the Inter-American Commission on Human
Rights (hereinafter “the Commission” or “the Inter-American Commission”) in which
it submitted to the Inter-American Court of Human Rights (hereinafter “the Court” or
“the Inter-American Court”), pursuant to Article 63(2) of the American Convention
on Human Rights (hereinafter “the Convention” or “the American Convention”), a
request for provisional measures in favor of Lysias Fleury, with respect to the
Republic of Haiti (hereinafter “the State” or “Haiti”) with the aim of protecting his life
and right to humane protection, in relation to a request filed by Lysias Fleury
(hereinafter “the applicant” or “Mr. Fleury”) before the Commission.
2.
*
The arguments of the Commission, based on the following alleged facts:
a)
Lysias Fleury, a Haitian human rights advocate working for the Justice
and Peace Episcopal Committee, complains that he was arrested
without a court order on June 24, 2000, close to 19:00 hours, while he
was at home, and then detained and severely beaten by police agents
and civilians and constantly threatened by the individuals who
mistreated him;
b)
the applicant was allegedly also transferred to the Bon Repos police
station at Port-au-Prince, where he was detained for 17 hours. There
he suffered “degrading treatment,” which caused him “grave injuries;”
c)
the applicant argues that he suffered said mistreatment because he is
a human rights advocate;
d)
according to the applicant, no criminal investigation was undertaken as
a result of the complaint he filed on August 1, 2002 before the Parquet
of Port-au-Prince. Neither was any criminal investigation initiated on
the basis of the complaint filed on June 27, 2002 by the Director of the
Justice and Peace Episcopal Committee before the Inspector General in
chief of the National Police of Haiti;
e)
the applicant states that he has suffered acts of intimidation and
threats, several times, by individuals who participated in the alleged
facts of June 24, 2002;
Judge de Roux Rengifo informed the Court that for reasons of force majeure he could not attend
the LIX Regular Session of the Court, and therefore he did not participate in the deliberation, decision, and
signing of the instant Order.
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