RESOLUTION Nš 42/83
September 26, 1983
1. In a
communication dated August 19, 1981, the Commission received a complaint
from Messrs. Baldimir Jeanty, Jean Rolland, Denisse Roosevelt Blaise,
Jean Claude Bastien and Josias Chery, who had been arbitrarily arrested
nine months previously and were still being held at the Port-au-Prince
2. The pertinent parts of the denunciation were made known to the Haitian Government by cable dated August 20, 1981, which requested the corresponding information.
3. In view of the
fact that the Haitian Government did not answer the aforementioned
communication, the Commission repeated its request for information
through a communication dated July 22, 1982, which advised the Haitian
Government of the possible application of Article 39 of the Commission's
Regulations if the information requested were not received.
4. In a note
received on September 30, 1982, the Government of Haiti acknowledged
receipt of the communication of July 22, 1982, and stated that it would
be referred to the corresponding department for the necessary
5. Thus far, the
Haitian Government has not provided the information requested.
1. In its note
received on September 30, 1982, the Haitian Government confines itself
to acknowledging receipt of the Commission's communication and to
stating that it would be referred to the corresponding department for
processing, without referring specifically to the situation of the
gentlemen in reference: Bladimir Jeanty, Jean Rolland, Denisse Roosevelt
Blaise, Jean Claude Basties and Josias Chery.
2. The period
stipulated in Article 31 of the Commission's Regulations has expired
without the Haitian Government having answered the repeated requests for
information made by the IACHR with regard to the situation of Messrs.
Bladimir Jeanty, Jean Rolland, Denisse Roosevelt Blaise, Jean Claude
Basties and Josias Chery. This leads to the presumption that all
remedies under domestic jurisdiction have been exhausted (Article 46 of
the American Convention).
3. Article 39 of
the Commission's Regulations reads as follows:
facts reported in the petition whose pertinent parts have been
transmitted to the government of the state in reference shall be
presumed to be true if, during the maximum period set by the Commission
under the provisions of Article 31, paragraph 5, the government has not
provided the pertinent information, as long as other evidence does not
lead to a different conclusion.
4. Article 1 of
the American Convention on Human Rights states the following:
Obligation to Respect Rights
The States Parties to this Convention undertake to respect the
rights and freedoms recognized herein and to ensure to all persons
subject to their jurisdiction the free and full exercise of those rights
and freedoms, without any discrimination for reasons of race, color,
sex, language, religion, political or other opinion, national or social
origin, economic status, birth, or any other social condition.
5. The Republic of
Haiti is a state party to the American Convention on Human Rights.
in view of the related background and the consideration given and in
view of the fact that the Commission does not have other convincing
factors which lead it to a different conclusion, based on Article 39 of
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, RESOLVES:
1. To presume the
facts denounced in the communication of August 19, 1981 to be true,
concerning the situation of Messrs, Bladimir Jeanty, Jean Rolland,
Denisse Roosevelt Blaise, Jean Claude Basties and Josias Chery, who were
arrested nine months prior to the complaint and located at the time of
the complaint in the Port-au-Prince National Penitentiary, thus far
lacking knowledge that they have been set free or placed before the
competent authority for trial.
2. To state that
such facts constitute a serious violation of the following rights
established in the American Convention on Human Rights: Right to
Personal Liberty (Art. 7), Right to Humane Treatment (Art. 5), and Right
to a Fair Trial (Art. 8).
3. To recommend to
the Government of Haiti that it: a) provide for the immediate release of
the aforementioned Messrs. Bladimir Jeanty, Jean Rolland, Denisse
Roosevelt Blaise, Jean Claude Basties and Josias Chery; b) provide for a
complete and impartial investigation to determine responsibility for the
facts denounced; c) punish those responsible for the events in
accordance with Haitian law; and d) inform the Committee within 90 days
concerning the measures taken to carry out the above recommendations.
4. To convey this
resolution to the Government of Haiti.
5. To include this
resolution in the Annual Report of the Commission to the General
Assembly of the Organization of American States, in accordance with
Article 59 (g) of the Commission's Regulations, if the Government of
Haiti does not carry out the recommendations made or does not comment on
this resolution within the period indicated.