4
victims and the alleged practice of "expulsions" and its consequences, in order to
illustrate the context within which this petition has been filed[;]
2.
[t]hat the object of Father Pedro Ruquoy's and Ms. Solange Pie[rre]'s
statements has no bearing on technical or specialized issues, concerning which this Court
would require expert testimony[;]
3.
[t]hat Article 44(1) of the Rules of Procedure of the Court provides, however,
that the Court shall be able to "[s]ecure ex officio any evidence it deems useful. In
particular, it shall be able to hear as witness, expert, or other title, any person whose
testimony, statement, or opinion it deems relevant"[;]
4.
[t]hat according to allegations by the State and the Commission, both Father
Pedro Ruquoy and Ms. Solange Pie[rre] have worked with the alleged victims and
directly perceived their living circumstances and conditions, by reason of which this
Court orders the appearance of both to hear their statements as witnesses[;and]
5.
[t]hat the fact a person has a direct interest in the process outcome o has been
involved as petitioner in the proceedings before the Commission is not ground for
preventing this person from making statements before this Court, which in its practice
has even admitted testimonies of victims and their relatives (IACHR, Loayza Tamayo
Case, Judgment of September 17, 1997. Series C No. 33; IACHR, Castillo Páez Case.
Judgment of November 3, 1997. Series C No. 34; IACHR, Suárez Rosero Case. Judgment
of November 12, 1997. Series C No. 35; IACHR, Blake Case. Judgment of January 24,
1998. Series C No. 36; IACHR, Paniagua Morales et al. Case. Judgment of March 8,
1998. Series C No. 37; IACHR, Villagran Morales et al. Case. Judgment of November 19,
1999. Series C No. 63)4[;]
and decided to
1.
[s]ubpoena Father Pedro Ruquoy to appear, at 10:00 A.M. on August 8, 2000,
before the Inter-American Court of Human Rights to make a testimonial statement on
the alleged practice of "expulsions and deportations" of Haitian and Haitian-origin
Dominican persons in [the] Dominican Republic[;]
2.
[s]ubpoena Ms. Solange Pie[rre] to appear, at 10:00 A.M. on August the 8,
2000, before the Inter-American Court of Human Rights to make a testimonial statement
on the alleged practice of "expulsions and deportations" of Haitian and Haitian-origin
Dominican persons in [the] Dominican Republic[;]
3.
[r]equest the State of [the] Dominican Republic to facilitate exit from and entry
to its territory to Father Pedro Ruquoy and Ms. Solange Pie[rre], subpoenaed by the
Inter-American Court of Human Rights to make testimonial statements concerning this
petition for provisional measures[; and]
4.
[e]stablish that this subpoena is governed by Article 45 of the Rules of
Procedure of the Inter-American Court of Human Rights, according to which the party
proposing evidence should defray the expenses entailed by it.
10.
The public hearing on the current petition held at the Inter-American Court on
August 8, 2000, attended by
for the Dominican Republic:
Servio Tulio Castaños, agent;
Danilo Díaz, alternate agent;
Flavio Darío Espinal, assistant;
Rhadys Abreu de Polanco, assistant;
4
This Court has followed the same practice at the reparations stage (IACHR, Loayza Tamayo Case.
Reparations (Art. 63.1 American Convention on Human Rights). Judgment of November 27, 1998. Series
C No. 42; IACHR, Suárez Rosero Case. Reparations (Art. 63.1 American Convention on Human Rights).
Judgment of January 20, 1999. Series C No. 44).