Report No. 83 (2014) IACHR. Petition No. 12.456 (Haiti)

• Year: 2014
• Petition Number: 12.456
• Report Number: 83
• Respondent State: Haiti
• Case Type: Archive
• Court: Inter-American Comission of Human Rights
• Alleged Victim: Pierre Luckner

REPORT No. 83/14

CASE 12.456

ARCHIVE

Pierre Luckner

HAITI

OEA/Ser.L/V/II.152

Doc. 15

A. 15, 2014

Original: Spanish

Approved by the Commission at its session No. 2002 held on A. 15, 2014
152 Special Period of Session.

Cite as: IACHR, Report No. 83/14. Case 12.456. A.. P.L.. Haiti. A. 15, 2014.

www.cidh.org

REPORT No. 83/14

CASE 12.456

ARCHIVE

PIERRE LUCKNER

HAITI

AUGUST 15, 2014

ALLEGED VICTIM: Pierre Luckner

PETITIONER: Centre Toussaint Louverture pour les droits de l'homme

VIOLATIONS ALLEGED: Articles 1(1), 7, 8, 24, and 25 of the American Convention on Human Rights

DATE PROCESSING BEGUN: July 6, 2000

1. THE PETITIONERS’ POSITION

1. On J. 5, 2000, the Inter-American Commission on Human Rights (hereinafter “the Inter-American Commission” or “the IACHR”) received a petition from C.H. and Patrick Daniel Frantz Laurent of the Centre Toussaint Louverture pour les droits de l'homme (hereinafter “the petitioners”) in representation of P.L. (hereinafter “the alleged victim” or “Mr. Luckner”) in which they accuse the Republic of Haiti (hereinafter “the State” or “Haiti”) of violations of the rights recognized in Articles 7, 8, and 25 of the American Convention on Human Rights (hereinafter “the Convention” or “the American Convention”) as well as the general obligation established at Article 1(1) of the same instrument. S. the petitioners alleged the violation of Article 24.

2. According to the petitioners, M.L., an attorney and former examining magistrate of the Court of First Instance of Port-de-Paix, was arbitrarily arrested in Port-de-Paix on October 16, 1998, by agents of the National Police. That same day the attorneys for the alleged victim submitted a complaint opposing that detention. The President of the Court of First Instance of Port-de-Paix issued a summary order dated October 17, 1998, ordering M.L.’s immediate release. D. that order, on October 18, 1998, the alleged victim was said to have been transferred to the office of the chief of police in Pétion-Ville, where he was said to have remained in detention.

3. On J. 14, 1999, the new attorneys for the alleged victim, petitioners before the IACHR, filed a writ of habeas corpus before the Court of First Instance of Port-au-Prince. That same day, the court ordered that the arrest and detention of M.L. were arbitrary and constituted illegal acts, and ordered his immediate release. That judicial order was said to have been delivered to the Government Commissioner on J. 21, 1999. N., the alleged victim apparently was not released. According to information provided by the petitioners in their communication dated January 21, 2000, the alleged victim continued to be held. According to the information available, M.L. was released on December 24, 2000.

2. THE STATE’S POSITION

4. The State has not responded to the petitioners’ arguments.

3. PROCESSING BEFORE THE IACHR

5. On February 26, 2004, the IACHR adopted Report No. 17/04 in which it found this petition admissible with respect to the alleged violation of Articles 1(1), 7, 8, and 25 of the American Convention. N. of that report was made to the parties by note of May 27, 2004. The IACHR asked the petitioners to submit their additional observations on the merits within two months, in keeping with what was established in Article 38(1) of the IACHR’s Rules of Procedure in force at that time.

6. On April 22, 2009, the Commission sent the admissibility report to the petitioners once again and...