11
b)
it is disturbing that the State has not reported on the measures adopted
to comply with the Order of the President of October 5, 2005, inasmuch as the
insecure situation faced by Ms. Solain Pie or Solain Pierre or Solange Pierre’s
children has worsened, threats received through phone calls have increased
and their content is increasingly aggressive. Ms. Solain Pierre is currently out of
the country with her children, and took said decision to protect her children
from damage that she deemed imminent. The State must comply with its duty
to protect the children and guarantee that they can return peacefully to the
Dominican Republic;
c)
when Ms. Solain Pie or Solain Pierre or Solange Pierre rejected the
protection of an officer of the Dominican Armed Forces, as the State pointed
out in its report, she justified herself by explaining that she felt threatened by
State agents. Ms. Solain Pie or Solain Pierre or Solange Pierre requested special
protection by a trustworthy person, but obtained no answer from the State;
d)
despite the protection afforded by the State to Father Pedro Ruquoy, he
was "recently taken out of the Dominican Republic by the Church, out of fear
for his personal security";
e)
the alleged event of August 20, 2005, when "at Oviedo military
checkpoint, [beneficiary] Berson Gelim [was purportedly] stopped and returned
to Haiti despite his [showing] his safe-conduct [to the authorities] constitutes
serious lack of compliance with provisional measures. Upon submitting his
safe-conduct, the military officer [allegedly tore it up and threw it] to the
floor". Aided by a non-governmental organization, Mr. Gelim complained at the
military base of that region, "where they admitted that the officer at Oviedo
had made a mistake", and Mr. Gelim was allowed to enter Santo Domingo.
Beneficiary Janty Fils-Aime went through a similar experience, he also had his
safe-conduct torn up. The State must grant and deliver new safe-conducts to
said beneficiaries;
f)
after the Memorandum of Understanding was declared unconstitutional
by the Supreme Court of Justice, the State did not take measures to remedy
this difficulty. The lack of a follow-up mechanism deprives beneficiaries of
appropriate means to denounce actions or situations that infringe the
measures, and
g)
the State has not fulfilled its duty to investigate the facts that prompted
the adoption of these measures, which encourages threats and acts of
aggression and harassment against the beneficiaries.
11.
The State’s communication of January 28, 2006, whereby a thirty-day
extension was requested to submit the twenty-eighth report on the provisional
measures adopted by the Court in the instant case. The Secretary's communication of
January 30, 2006, whereby, pursuant to the President’s instructions, the State was
given up to the non-postponable deadline of February 28, 2006 to submit said report.
CONSIDERING:
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos