ORDER OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS OF DECEMBER 2, 2003 PROVISIONAL MEASURES LYSIAS FLEURY CASE* IN THE MATTER OF HAITI** HAVING SEEN: 1. The March 18, 2003 Order of the President of the Inter-American Court of Human Rights (hereinafter “the President”) in which he decided: 1. To order the State to adopt, forthwith, such measures as m[ight] be necessary to protect the life and the right to humane treatment of Lysias Fleury. 2. To order the State to investigate the facts that gave rise to adoption of the[...] urgent measures, with the aim of identifying those responsible and punishing them as appropriate. 3. To order the State to allow the beneficiary of these measures to participate in their planning and implementation and, in general, to inform him of progress regarding implementation of the measures ordered by the President of the Inter-American Court of Human Rights. 4. To order the State to report to the Inter-American Court of Human Rights, within 15 days of when it receives notice of the [...] Order, on the urgent measures it ha[d] adopted to comply with this Order. 5. To order the Inter-American Commission on Human Rights to submit its observations within two weeks of when it receive[d] notice of the report filed by the State. 6. To order the State, subsequent to its first report (supra operative paragraph four), to continue reporting to the Inter-American Court of Human Rights, every 30 days, on the urgent measures adopted, and to order the Inter-American Commission on Human Rights to submit its observations on said reports by the State within two weeks of when it receive[d] notice of the respective reports filed by the State. 2. The April 3, 2003 letter by the Secretariat of the Court (hereinafter “the Secretariat”), under instructions by the President, in which it reminded the State to submit its first report on the urgent measures ordered by the President on March 18, 2003 (supra Having Seen 1). 3. The April 16, 2003 brief by the Inter-American Commission on Human Rights (hereinafter “the Commission” or “the Inter-American Commission”), in which it reported that the State had not adopted any measures to protect the life and the right to humane treatment of Mr. Fleury since the President ordered the urgent measures. * Judge Salgado Pesantes informed the Court that, due to reasons of force majeure, he would be unable to participate in the deliberation and signing of the instant Order. ** Drafted in Spanish and French, the Spanish text being authentic.