3
victims may file their complaints and make their statements, both nationally and
internationally, without pressures or retaliations.
3.
The decision of the President of the Court of September 14, 2000, whose
considering section pointed out:
1.
That the Dominican Republic is a State Party to the American Convention since
April 19, 1978, and acknowledged the Court's jurisdiction, pursuant to Article 62 of the
Convention, on March 25, 1999.
2.
That Article 63(2) of the Convention provides that
[i]n cases of extreme seriousness and urgency, and when irreparable damage
to people need to be prevented, the Court, in the matters it is hearing, will be
able to take the provisional measures it deems relevant. If the matters are not
yet under its jurisdiction, it will be able to take action upon the Commission’s
request.
3.
That, under Articles 25(1) and 25(4) of the Rules of Procedure of the Court,
[a]t any stage of the
seriousness and urgency
prevented, the Court, by
the parties, shall be able
under Article 63(2) of the
proceeding, provided they are cases of extreme
and when irreparable damage to people need to be
the powers invested in it or at the request of one of
to order the provisional measures it deems relevant,
Convention.
[...]
[i]f the Court is not in session, the president, in consultation with the
permanent commission and, if possible, with the other judges, will require the
respective government to issue the necessary urgent orders to insure the
effectiveness of the provisional measures the Court might then take in its next
session.
4.
That the information submitted by the Commission in its petition and its reports
about the current situation of Rafaelito Pérez Charles and Berson Gelim demonstrate
prima facie an extremely serious and urgent situation regarding the rights to life,
personal integrity, circulation, and residence of said persons, as well as the right to
.
special protection of children in the family, in the case of Berson Gelim.1 The standard
of prima facie appreciation of a case and the application of presumptions in face of the
needs for protection have prompted this Court to order provisional measures at different
.
times.2
5.
That Article 1(1) of the Convention provides for the duty of States Party to
respect the rights and freedoms recognized in this treaty and to guarantee their free and
full exercise to all persons subject to its jurisdiction.
6.
That it is the responsibility of the Dominican Republic to adopt safety measures
in protecting all persons subject to its jurisdiction; this duty becomes even more evident
in connection to those people who are bound by processes before the supervision organs
of the American Convention.
1
2
Cf. Articles 4, 5, 22, 17 and 19 of the American Convention on Human Rights, respectively.
Cf. inter alia, Constitutional Court Case, Provisional Measures, Decision of April 7, 2000; Digna
Ochoa and Plácido et al. Case, Provisional Measures, Decision of November 17, 1999. Series E No. 2; Cesti
Hurtado Case, Provisional Measures, Decision of June 3, 1999. Series E No. 2; James et al. Case,
Provisional Measures, Decision of May 27, 1999. Series E No. 2; Clemente Teherán et al. Case, Provisional
Measures, Decision of June 19, 1998. Series E No. 2; Alvarez et al. Case, Provisional Measures, Decision of
July 22, 1997. Series E No. 2; Blake Case, Provisional Measures, Decision of August 16, 1995. Series E No.
1; Carpio Nicolle Case, Provisional Measures, Decision of July 26, 1995. Series E No. 1; Carpio Nicolle
Case, Provisional Measures, Decision of June 4, 1995. Series E No. 1; Caballero Delgado and Santana
Case, Provisional Measures, Decision of December 7, 1994. Series E No. 1; and Colotenango Case,
Provisional Measures, Decision of June 22, 1994. Series E No. 1.