16
of Foreign Relations, whereby the Comité de Impulso de Medidas Provisionales
(Committee for the Implementation of Provisional Measures) had been created (supra
Having Seen clauses 4, 5 and 6). In this respect, the Court observes that the State
has not explained the actions it is currently carrying out to create a new adequate
coordination mechanism for an effective joint planning of the implementation of these
measures.
15.
That as regards the background information submitted by the representatives
in the instant case, as well as the observations submitted by the Commission, it is
prima facie evident that the lives and personal integrity of Ms. Solain Pie or Solain
Pierre or Solange Pierre's four children are under threat (supra Having Seen clauses 5,
6, 9 and 10).
16.
That the situation of Ms. Solain Pie or Solain Pierre or Solange Pierre's four
children should still be regarded as one of extreme gravity and urgency. Protection
through provisional measures is necessary to avoid irreparable damage to said
persons' rights to life and personal integrity. Therefore, this Court deems it
appropriate, once the conditions set forth in Article 63(2) of the Convention are met,
to ratify the President's Order and instruct the State to extend the provisional
measures to Ms. Solain Pie or Solain Pierre or Solange Pierre's children, in order to
protect their rights to life and personal integrity.
17.
That the Commission and the representatives have informed the Court that the
threats and harassment suffered by Ms. Solain Pie or Solain Pierre or Solange Pierre
and her four children have forced them to leave the Dominican Republic, by reason of
which this Tribunal deems it necessary that the State create due conditions for those
people to return to their homes6 and ensure that said beneficiaries of measures do not
face any threats or other sources of fear that may prevent them from continuing to
live in their habitual places of residence (supra Having Seen clauses 9 and 10).
18.
That even though Ms. Solain Pie or Solain Pierre or Solange Pierre and her four
children are not in the Dominican Republic at present, the State must maintain the
measures adopted in their favor with a view to making them effective when said
beneficiaries return to their country.
19.
That the Commission and the representatives have informed that Father Pedro
Ruquoy left the Dominican Republic out of fear for his life and personal security
(supra Having Seen clauses 9 and 10). Since Father Pedro Ruquoy is a beneficiary of
the provisional measures granted by the Court, the State must offer whatever
conditions are necessary so that, should Father Ruquoy return to the Dominican
Republic, he can remain within Dominican territory and have his life and personal
integrity duly protected. In this respect, it is appropriate for the Commission and the
representatives to inform the Court on the current situation of Father Pedro Ruquoy,
so that the Tribunal can timely assess the maintenance of these measures in his favor.
6
Cfr., inter alia, Matter of the Communities of Jiguamiandó and Curbaradó. Provisional Measures.
Order of the Inter-American Court of Human Rights of March 6, 2003, Considering clause 10; Matter of the
Peace Community of San José de Apartadó. Provisional Measures. Order of the Inter-American Court of
Human Rights of November 24, 2000, Considering clause 8, and Matter of Giraldo-Cardona, Provisional
Measures. Order of the Inter-American Court of Human Rights of February 5, 1997, Considering clause 5.
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