Nš 1905, presented through a communication dated January 22, 1975
denounces the arbitrary arrest of Mr. Ives Barbot in Port-au-Prince, on
December 18, 1974. Mr. Barbot, a graduate in philosophy, worked as a
philosophy professor in secondary education in Haiti.
Commission, in a note dated March 3, 1975, requested the Government of
Haiti to provide the corresponding information. A copy of that note was
transmitted to the Haitian Mission to the OAS on March 4, 1975. The
Secretariat, through a note dated March 5, 1975, informed the claimant
of the measures being taken in response to his denunciation.
Commission considered this communication at its thirty-fifth session
(May 1975) noting that the Government of Haiti had not replied to the
request for information filed on March 3. However, bearing in mind that
the 180-day period provided for under Article 51 of the Regulations for
that Government to provide the information requested had still not
elapsed, it needed to postpone examination of the case until its next
claimant was informed of this decision on June 26, 1975
its thirty-sixth session (October 1975) the Commission continued to
study the case, noting the expiration of the 180-day period provided for
under Article 51 of the Regulations for the Government of Haiti to
provide the Commission information on the events denounced. Therefore
the Commission, in application of Article 51 of its Regulations, decided
to presume confirmation of the matters denounced and approved the
following resolution to that effect (OEA/Ser.L/V/II.36, doc.34 rev.1, of
November 10, 1975):
communication of January 22, 1975 denounced the arbitrary detention in
Port-au-Prince of Mr. Yves Barbot, formerly a teacher at the St. Pierre
College and other secondary educational institutions in Port-au-Prince.
arrest was alleged to have been made by the secret police on December
18, 1973 on Bonne Foi Street in front of the building where he had been
working for the last several years.
note of March 3, 1975, the Commission requested the appropriate
information of the Government of Haiti, as provided by Articles 42 and
44 of the Regulations, and on March 5, 1975 the claimant was informed of
the action taken on the complaint.
Government of Haiti has not furnished the information requested, and
Article 51 1) of the Regulations reads as follows:
occurrence of the events on which information has been requested will be
presumed to be confirmed if the Government referred to has not supplied
such information within 180 days of the request, provided always, that
the invalidity of the events denounced is not shown by other elements of
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, RESOLVES:
consider confirmed, through application of Article 51 of the
Regulations, the occurrence of the events denounced in the communication
of January 22, 1975.
recommend to the Government of Haiti that it order an investigation of
these events and that it put an end to the arbitrary detention that Ives
Barbot might be undergoing and that it adopt the necessary measures to
punish those responsible.
call the attention of the Government of Haiti to the fact that these
acts constitute a violation of the right to liberty and personal
security and the right of protection from arbitrary arrest, set forth in
Articles I and XXV of the American Declaration of the Right and Duties
include this resolution in its Annual Report to the General Assembly of
the Organization Article 9 (bis) c. iii of the Statute).
transmit the text of this resolution to the Government of Haiti and to
resolution was brought to the attention of the Government of Haiti and
the claimants through notes dated December 30, 1975, and January 5,