4
f)
to report on the action taken in order to comply with all the foregoing
measures.
5.
The brief dated August 17, 2009 whereby the Secretariat of the Court (hereinafter
“the Secretariat”), following instructions by the President of the Court, informed the InterAmerican Commission that, pursuant to Article 21(2) of the Rules of Procedure, the working
language in the instant matter would be French, for which reason it requested the
pertaining translation as soon as possible, so that it could go ahead with the procedures in
order. Likewise, in view of the fact that in the Spanish version of the request for provisional
measures it was pointed out that in “the briefs forwarded to the State of Haiti within the
framework of the precautionary measures proceedings, no mention was made as to who
had petitioned for them initially”, the Commission was requested to clarify whether, in its
opinion, the Tribunal should continue to keep such information confidential and, if such were
the case, whether the Commission should rephrase such information in the initial request.
6.
The brief dated August 21, 2009 and its appendix, whereby the Inter-American
Commission forwarded the translation into French of the request for provisional measures
and informed the Tribunal that “paragraph 5 of the request [original in Spanish], had been
rephrased to say that the [Commission] requests the Court not to reveal the identity of the
petitioner.”
7.
The Order by the President of the Court dated August 24, 2009 (hereinafter “the
Order by the President” or “the Order for urgent measures”), whereby she decided:
1.
To call upon the State to adopt, forthwith, such measures as may be necessary in order to
protect the life and the integrity of A. J., J. L., Sterlin Joudain, Michelet Laguerre, Pierre Luc Sael
and André Junior Laurore, taking into consideration the seriousness of the situation and the
particular circumstances of risk.
2.
To call upon the State to take any such steps as are appropriate so that the protection
measures ordered in the instant Order be planned and implemented with the participation of the
beneficiaries thereof or their representatives, so that such measures are carried out diligently and
effectively, and generally to keep them informed of the progress in the implementation thereof.
3.
To call upon the State to report to the Inter-American Court of Human Rights, no later
than September 11, 2009, on the measures it shall have adopted in compliance with the instant
Order.
4.
To request the beneficiaries of these measures or their representatives to file with the
Inter-American Court of Human Rights, within five days as from the date the report by the State be
served upon them, the comments thereupon they may deem pertinent.
5.
To request the Inter-American Commission for Human Rights to file with the InterAmerican Court of Human Rights, within ten days, as from the date the report by the State be
served upon it, the observations thereupon it may deem pertinent.
6.
To order that the instant matter be submitted to the consideration of the full Court during
the LXXXIV Regular Session to be held from September 21 through to October 3, 2009, at the seat
of the Court in the City of San Jose, Costa Rica.
[…]
8.
The brief dated August 25, 2009, whereby the Secretariat, following instructions by
the President of the Court, served the Order of urgent measures upon the State, upon the
Inter-American Commission and upon the beneficiaries, and requested these two latter ones
to give their opinion about the need for keeping the identity of two beneficiaries of the
protection measures undisclosed