27.
In its observations of February 17, 2012, the Commission considered that “the main
source of risk for the children of Solain Pierre arose from her activity as a human rights
defender.” Nevertheless, it noted that “recently, Mrs. Pierre’s children have been followed
and subjected to other acts of intimidation,” such as: (a) on November 5, Leticia Dandre
Pie, was followed by an unknown man while returning from the university; (b) Manuela
began to work in the legal department of MUDHA and to receive public exposure; (c) for
several months, Carlos has been working in the transportation department of this
organization, and (d) on several occasions, they had seen a car with tinted windows driving
slowly by their home. In addition, it indicated that several MUDHA employees had been
followed and that, on November 22, 2011, they had filed a complaint before the National
District Public Prosecutor based on these incidents. Finally, it considered that “until the
Court has verified that, owing to Mrs. Pierre’s death, the reasons for the risk to and
vulnerability of her children have ceased, the provisional measures in their favor should be
maintained.”
28.
The Court recalls that, when ordering provisional measures, the standard for the
assessment of these requirements by the Court or its President is prima facie because, at
times, presumptions must be made when faced with the need for protection.8 Nevertheless,
maintaining measures of protection requires the Court to make a more rigorous assessment
regarding the continuation of the situation that gave rise to the measures.9 If a State
requests that the provisional measures ordered be lifted or modified, it must present
sufficient evidence and arguments to allow the Court to appreciate that the risk or the
threat no longer meet the requirements of extreme gravity and urgency to prevent
irreparable harm. However, the burden of proof and arguments of the beneficiaries and the
Commission will increase with the passage of time during which no new acts occur of the
magnitude of those that resulted in the provisional measures.10 Furthermore, in order to
determine whether it is appropriate to maintain the provisional measures, the Court cannot
lose sight of the fact that protection measures should be of an essentially provisional and
temporary nature.11
29.
Based on the foregoing, the Court notes that the State requested the lifting of the
measures in favor of the children of Solange Pierre owing to her death, without making a
specific analysis of the current situation of each one. Meanwhile, in its observations, the
Commission recalled the comments of the representatives, and gave a general description
of the situation of the children and the fact that they have allegedly been followed. The
Commission did not refer specifically to the current situation of risk of each one, even
though, according to the Court’s case law, the burden of proof and argument increases with
the passage of time in order to prove the need to maintain the provisional measures based
on the concurrence of the three conditions: extreme gravity, urgency and the need to
8
Cf. Case Raxcacó Reyes et al. Provisional Measures regarding Guatemala. Order of the Inter-American
Court of Human Rights of August 30, 2004, Considering paragraph 10, and Case of González Medina and Family.
Provisional Measures regarding the Dominican Republic. Order of the Inter-American Court of August 30, 2011,
Considering paragraph 13.
9
Cf. Matter of the Kankuamo Indigenous People. Provisional Measures regarding Colombia. Order of the
Inter-American Court of Human Rights of April 3, 2009, Considering paragraph 7, and Matter of the Penitentiaries
of Mendoza. Provisional Measures regarding Argentina. Order of the Inter-American Court of July 1, 2011,
Considering paragraph 30.
10
Cf. Matter of Gallardo Rodríguez. Provisional Measures regarding Mexico. Order of the Inter-American
Court of July 11, 2007, Considering paragraph 11, and Case of Caballero Delgado et al. Provisional Measures
regarding Colombia. Order of the Inter-American Court of February 25, 2011, Considering paragraph 15.
11
Matter of Haitians and Dominicans of Haitian origin in the Dominican Republic. Provisional Measures
regarding Dominican Republic. Order of the Inter-American Court of July 8, 2009, Considering paragraph 20.
7