15
Fils-Aime, who allegedly had their original safe-conducts destroyed by policemen.
They expressed their concern for the State's failure to provide information on the
measures adopted to comply with President's Order of October 5, 2005, since the
situation of insecurity faced by Ms. Solain Pie or Solain Pierre or Solange Pierre's
children has allegedly worsened, which fact purportedly caused them to leave the
country with their mother. Therefore, the State must fulfill its duty to protect the
children and guarantee that they can return, untroubled, to the Dominican Republic.
They referred to the alleged worsening situation of expulsion operations against
Haitians or persons of Haitian origin, which could generate a risky situation for the
beneficiaries of these measures, inasmuch as they belong to said population. In view
of the foregoing, they reiterated the need to go on guaranteeing the effectiveness and
efficacy of the safe-conducts, which constitute a guarantee that their beneficiaries will
not be expelled from the Dominican Republic. Lastly, they affirmed that the State has
not fulfilled its duty to investigate the facts that prompted the adoption of these
measures, which may foster threats and acts of aggression and harassment against
the beneficiaries, and reiterated the importance of the active participation of
beneficiaries in the supervision and implementation mechanism of provisional
measures (supra Having Seen clauses 6 and 10).
12.
That the Commission has affirmed, inter alia, that the State must adopt,
forthwith, such steps as may be necessary to ensure the efficacy of these measures,
especially in connection with restoring, as soon as possible, the safe-conducts to the
persons who were deprived of them, considering the vulnerability they face in light of
this fact; and in connection with protecting Ms. Solain Pie or Solain Pierre or Solange
Pierre's children, "who, out of fear of the threats they received, are out of their
country". It held that, although beneficiaries are called to collaborate with the
elucidation of the facts, in no case should [they] be charged with the responsibility of
the commencement or efficacy of the investigation that the State should foster”.
Finally, it reiterated the lack of information on the actions taken so that the measures
of protection are planned and implemented with the participation of the beneficiaries
or their representatives and the need for the State to submit “specific, accurate, upto-date and detailed [information] pertaining to [...] the matter giving rise to and
effectiveness to the protection requested for all beneficiaries”, taking into
consideration the "persistent public information on mass deportations or ‘repatriation’
processes of people of Haitian origin or descent”, (supra Having Seen clauses 5 and
9).
13.
That this Tribunal notes the importance of furnishing the aforementioned
beneficiaries with safe-conducts (supra Having Seen clause 4), inasmuch as they
constitute measures to safeguard the life or physical integrity of said persons, and, as
appropriate, to prevent them from being deported or expelled from the Dominican
Republic. Hence, the Court is concerned about the statements of the Commission and
the representatives that state authorities allegedly destroyed Mr. Berson Gelim's and
Janty Fils-Aime's safe-conducts (supra Having Seen clauses 9 and 10).
As a
consequence, the State, pursuant to what it informed, must proceed with the relevant
actions to restore said documents and conduct relevant investigations (supra Having
Seen 8).
14.
That the Court has learned, through information provided by the Commission,
the representatives and the State, that on August 10, 2005, the Supreme Court of
Justice of the Dominican Republic entered a judgment declaring the unconstitutionality
of the Memorandum of Understanding, an agreement signed by the State Secretariat
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