ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF FEBRUARY 29, 2012
PROVISIONAL MEASURES
REGARDING THE DOMINICAN REPUBLIC
MATTER OF HAITIANS AND DOMINICANS OF HAITIAN
ORIGIN IN THE DOMINICAN REPUBLIC
HAVING SEEN:
1.
The brief of the Inter-American Commission on Human Rights (hereinafter “the
Commission” or “the Inter-American Commission”) of May 30, 2000, and its attachments, in
which it submitted to the Inter-American Court of Human Rights (hereinafter “the InterAmerican Court” or “the Court”) the request for provisional measures in favor of Haitians
and Dominicans of Haitian origin who are subject to the jurisdiction of the Dominican
Republic (hereinafter “the State” or “the Dominican Republic”) and who are at risk being
collectively “expelled” or “deported”, in relation to case No. 12,271. The case is currently
being processed before the Commission.
2.
The Orders of the Inter-American Court of June 16, August 7 and 18, September 14,
and November 12, 2000; May 26, 2001; October 5, 2005, and February 2, 2006, in which
measures were adopted in favor of the beneficiaries Benito Tide Méndez, Antonio Sensión,
Andrea Alezy, Janty Fils-Aimé, William Medina Ferreras, Berson Gelin, Rafaelito Pérez
Charles, Father Pedro Ruquoy and Solain Pie or Solain Pierre or Solange Pierre* and her
children.
3.
The Order of the Court of July 8, 2009, in which the Court ordered that the
provisional measures in favor of Rafaelito Pérez Charles, Andrea Alezy and the priest Pedro
Ruquoy be lifted.
4.
The Order of the Inter-American Court of December 1, 2011, in which the Court
ordered that the provisional measures in favor of Janty Fils-Aimé and Benito Tide Méndez
be lifted, and that the measures in favor of Antonio Sensión, William Medina Ferreras and
Berson Gelin be maintained for eight months as of notification of the order. The measures
were also maintained for Solain Pierre or Solain Pie or Solange Pierre and her children.
Furthermore, in this order, the State, the representatives of the beneficiaries (hereinafter
“the representatives”), and the Inter-American Commission on Human Rights (hereinafter
“the Commission”) were required to submit a clear and detailed report on the information
requested in Considering paragraphs 15, 20, 33 and 39.
5.
The State’s report of February 1, 2012.
Judge Rhadys Abreu Blondet, a Dominican national, excused herself from considering the provisional
measures in the instant case, in accordance with Articles 19.2 of the Statute and 19 and 21 of the Court’s Rules of
Procedure.
*
It is noted that throughout the instant case the parties have made reference to Solain Pie or Solain Pierre
or Solange Pierre. The Court points out that this is the same person and that therefore, henceforward, the Court
shall refer to her as “Solange Pierre or Mrs. Pierre.”