5
f)
there are bateys in Barahona only, on the Dominican-Haitian border,
where 70% of the community is Dominican and the remaining 30% comes
during the sugar cane harvest and they are contracted.
CONSIDERING:
1.
The Dominican Republic is a State Party to the American Convention
(hereinafter “the American Convention” or “the Convention”) since April 19, 1978,
and acknowledged the Court's jurisdiction, pursuant to Article 62 of the Convention,
on March 25, 1999.
2.
Article 63(2) of the American Convention provides that, in cases of extreme
seriousness and urgency, and when irreparable damage to people needs to be
prevented, the Court, in the matters it is hearing, will be able to take the provisional
measures it deems relevant.
3.
Under the terms of 25(1) of the Rules of Procedure of the Court:
[a]t any stage of the proceeding, provided they are cases of extreme seriousness and
urgency and when irreparable damage to people need to be prevented, the Court, by the
powers invested in it or at the request of one of the parties, shall be able to order the
provisional measures it deems relevant, under Article 63(2) of the Convention.
4.
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.
5.
The information submitted by the Commission in its petition (supra Having
seen 2) 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.
6.
The Court has established that it is the State’s responsibility “to adopt
security measures to protect all of the people that are under its jurisdiction; this duty
becomes more evident with regards to those who are linked to processes before the
supervision organs of the American Convention”4
7.
It is the duty of the Dominican Republic to continue the follow-up of the
investigation that has already been initiated by the competent authorities to contact
and protect Rafaelito Pérez Charles and Berson Gelim.
8.
The Decision of the President of the Court of September 14, 2000 was
adjusted to the merits of the facts and circumstances and adopted according to the
laws, all of which justified the adoption of some urgent measures, and it is ratified by
this Court in all its terms.
4
cf. inter alia, Decision of the President of the Inter-American Court of Human Rights of October
28, 1996. Provisional Measures in the Giraldo Cardona Case, seventh whereas clause; Decision of the
President of the Inter-American Court of Human Rights of March 23, 1998, in the Clemente Teherán et al.
Case, seventh whereas clause; Decision of the Inter-American Court of Human Rights of November 17,
1999, Provisional Measures of the Digna Ochoa y Plácido et al. Case, seventh whereas clause, and Decision
of the President of the Inter-American Court of Human Rights of April 7, 2000, Urgent Measures in the
Constitutional Court Case, ninth considering clause and supra considering clause 9.