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members have been hindered in their work as human rights defenders, on account of
the fear caused by the threats against them;
b)
the situation of extreme gravity and urgency is evidenced by: i) the
complaints about the threats which have been going on for more than a year against
A. J. and her next of kin; ii) the actual fulfillment of such threats through extremely
serious acts, such as the rape committed against A. J. and the murder of her father
B. J.; iii) the report about several intimidation mechanisms set up against members
of the organization that has given support to the family; iv) the lack of response by
the State to the precautionary measures granted by the Commission and to its later
insistence; v) the continuing threats against all the beneficiaries and the arsoning of
the dwelling place of A. J.’s family, in spite of the fact that the precautionary
measures had been granted; vi) the failure by the domestic authorities to afford
some type of protection, some risk reducing mechanism or to investigate the facts
reported; vii) the moving out of the family as a result of the defenseless position
from which they currently face a latent risk for their lives and personal integrity, and
viii) the unprotected conditions in which ACREDH members continue to work.
Furthermore, the nature of what is threatened, the very rights to life and to personal
integrity, as well as the ability of some of the beneficiaries to keep working in the
defense of human rights, are an extreme instance of the irreparable consequences
this request for provisional measures tries to avoid, and
c)
Haiti has not given any answer, neither to the first request for precautionary
measures nor to the second one. That amounts to a sign of the lack of action by the
State to protect the life and the personal integrity of the beneficiaries. Such
assumption is confirmed by the continued threats and attacks against the
beneficiaries, in spite of the precautionary measures in force, something which
places them in a situation of extreme vulnerability, defenselessness and
helplessness, while their lives and personal integrity remain in risk of imminent
damage.
4.
The request by the Inter-American Commission for the Court, under Article 63(2) of
the American Convention, to require the State to adopt the following measures:
a)
to adopt forthwith all the measures necessary to guarantee the life and the
personal integrity of the beneficiaries.
b)
to adopt without delay the necessary measures so that A. J. and her mother,
J. L., may return safely to the Petit Goâve area, if they so desire;
c)
to adopt without delay the measures necessary for Sterlin Joudain, Michelet
Laguerre, Pierre Luc Sael and André Junior Laurore to be able to continue their work
of promoting and defending human rights in Haiti;
d)
to agree with the beneficiaries on the mechanisms best suited to implement
the protection measures, in such a manner as to make sure they be both effective
and pertinent;
e)
to carry out an investigation into the facts which gave rise to the request for
provisional measures, as a preventive mechanism aimed at avoiding new threats or
possible attacks against the life and the integrity of the beneficiaries, and