8
measures. The State's confusion "over the nature of provisional measures, and
the difference between these proceedings and those related to the filing of
petitions before the Inter-American Commission" impacts on the effective
fulfillment of these provisional measures;
d) “the safe-conducts will remain in force until the Court renders a decision on
the merits and only this instance is empowered to declare them no longer
valid”;
e)
the physical and personal integrity of Father Pedro Ruquoy is still in
peril, as shown by the statements of an "army colonel [,who] purportedly
threatened to kill Father Ruquoy”;
f)
Ms. Solain Pie or Solain Pierre or Solange Pierre has recently faced
threats and harassment, including threat phone calls making reference to her
children, in respect of whom it is suspected that they are being controlled by
strangers. Hence, they requested the Court to extend the provisional measures
to those persons and to call upon the State to refrain from deporting or
expelling them from the Dominican Republic;
g)
the lack of information on the investigations into the facts that
prompted the adoption of the provisional measures regarding Messrs. Benito
Tide-Méndez, Rafaelito Pérez-Charles, Antonio Sension and Berson Gelim and
Ms. Andrea Alezy, prevents the Court from assessing the degree of compliance
with the measures;
h)
on other occasions, the Court has ordered provisional measures based
on the principle that “the members of a community at risk are at a similar risk
[by reason of] their condition of individuals [that belong to] said community”.
The beneficiaries of these measures are at a serious and imminent risk of being
expelled, inasmuch as they are members of Haitian and Dominican-Haitian
communities, which are allegedly subjected to mass and regular expulsions;
i)
“the few reports submitted by the [State]” regarding the situation at the
bateyes provide no “details pertaining to their characteristics nor to the
expulsion operations carried out in these communities”, and
j)
on August 10, 2005, the Supreme Court of Justice of the Dominican
Republic rendered a judgment declaring the Memorandum of Understanding
unconstitutional, thus eliminating the mechanism that had been created to
coordinate and supervise the provisional measures ordered by the Court; and
the State has not fostered conditions for said mechanism to be re-established.
In this respect, they remarked that “active participation of the [beneficiaries] is
an indispensable element for the operation of any supervision and
implementation mechanism, in accordance with the Court’s precedents on
provisional measures”.
7.
The Order of the President of the Inter-American Court (hereinafter “the
President”) of October 5, 2005, whereby he decided:
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