5 9. The brief dated September 03, 2009, whereby the Inter-American Commission considered that “their identity must be kept confidential in the terms the President decided in her Order dated August 24, 2009.” 10. On September 11, 2009 the State did not forward the report on the protection measures adopted, as it had been called upon to do in the third operative paragraph of the Order by the President of the Court (supra Having Seen Clause Number 7). 11. The brief dated September 16, 2009, whereby the Secretariat, following instructions by the President of the Court, reminded the State that the time limit it had to forward its report had run out without its having been received (supra Having Seen Clause Number 10) and requested it be forwarded as soon as possible. On the other hand, since the State has not forwarded its report, also following instructions by the President, a delay was granted up to September 18, 2009 for the Inter-American Commission and the beneficiaries, if they so deemed fit, to forward additional information. 12. The brief dated September 18, 2009, whereby the Inter-American Commission forwarded additional information, further to the brief by the Secretariat dated September 18, 2009. CONSIDERING: 1. That Haiti has been a State Party to the American Convention since September 27, 1977, and, pursuant to Article 62 of the Convention, accepted the contentious jurisdiction of the Court on March 20, 1998. 2. Article 63(2) of the American Convention sets forth that, “[i]n cases of extreme gravity and urgency, and when necessary to avoid irreparable damage to persons, the Court shall adopt such provisional measures as it deems pertinent in matters it has under consideration. With regard to a case not yet submitted to the Court, it may act at the request of the Commission.” 3. That, in the terms of Article 26 of the Rules of Procedure of the Court: 1. At any stage of the proceedings involving cases of extreme gravity and urgency, and when necessary to avoid irreparable damage to persons, the Court may, at the request of a party or on its own motion, order such provisional measures as it deems pertinent, pursuant to Article 63(2) of the Convention. 2. In a case not yet submitted to the Court, it may act at the request of the Commission. […] 4. That Article 1(1) of the Convention sets forth the general obligation of the States Party to respect the rights and freedoms embodied in that Convention and to ensure the free and full exercise of those rights and freedoms to all persons subject to their jurisdiction, which is due not only as regards the powers of the State, but also as regards the acts of private third parties.1 1 Cf. Case of Velásquez Rodríguez. Provisional Measures regarding Honduras. Order of the Inter-American Court of Human Rights of January 15, 1988, Considering Clause Number Three; Matter of Fernández Ortega et al. Provisional Measures regarding Mexico. Order of the Inter-American Court of Human Rights dated April 30, 2009,

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