8 before or while the civil action was being pursued; therefore, it would be a rush to judgment to speak of a violation of the human rights of the Haitian nationals.” IV. A. ANÁLYSIS ON THE MERITS Evaluation of the evidence 48. The Inter-American Commission, pursuant to Article 43(1) of the Rules and Procedures of the Inter-American Commission on Human Rights (hereinafter “Rules of the IACHR”), will examine the allegations and the evidence provided by the parties. The Commission will also take into account 2 information that is public knowledge. B. Considerations of Fact Context 49. Historically, the situation of Haitian immigrants in the Dominican Republic has been a complex issue and it has been a matter of concern for the Inter-American Commission on Human Rights 3 and for other international protection organizations. In its “Report on the human rights situation in the Dominican Republic, of 1999,” the Inter-American Commission considered that, during the period under study, Haitian immigrants who constantly crossed the border in search of work “have been victims of all kinds of abuse at the hands of authorities, from murder to mistreatment, massive expulsions, deplorable living conditions,” and that in the context of expulsions, they have been denied the opportunity to prove that they reside legally in the Dominican Republic. Furthermore, the Commission considered that the expulsions of Haitians by Dominican authorities were carried out in a violent and hurried manner, and that the persons who were being expelled were detained in establishments where food was scarce and 4 where, in certain cases, they were mistreated. 50. The United Nations Human Rights Committee considered that, during the period under study, Haitians in the Dominican Republic were subjected to expulsions and deportations carried out 5 without guarantees of due process which should regulate these proceedings. Likewise, the Committee has contended that they did not have equal access to effective remedies, including the right to challenge 6 expulsion orders, nor were they in fact allowed to lodge those recourses. 51. In addition, the Commission contended that the extrajudicial executions committed by officers of the National Police, agents of the National Drug Control Directorate or members of the Armed Forces, take place in an environment in which these agents go beyond their responsibilities and abuse 2 Article 43.1 of the Rules of Procedure of the IACHR establishes: “The Commission shall deliberate on the merits of the case, to which end it shall prepare a report in which it will examine the arguments, the evidence presented by the parties, and the information obtained during hearings and on-site observations. In addition, the Commission may take into account other information that is a matter of public knowledge.” In particular, the IACHR will take into account, as it has done in other reports, United Nations reports and the Commission’s own reports. 3 United Nations Committee on Human Rights. Analysis of the reports presented by States Parties in accordance with Article 40 of the Covenant. CCPR/C/79/Add.18. May 5, 1993. United Nations Human Rights Committee. Analysis of the reports presented by States Parties in accordance with Article 40 of the Covenant. CCPR/CO/71/DOM. April 26, 2001. 4 Inter-American Commission on Human Rights. Report on the human rights situation in the Dominican Republic, OEA/Ser.L/V/II.104, Doc. 49 rev. 1, October 7, 1999, par. 317. See also, Human Rights Watch, “Illegal Persons: Haitians and Haitian-Dominicans in the Dominican Republic”, vol. 14, no 1(B), April 2002, Petitioners’ document of May 5, 2009. Annex 27 5 United Nations Committee on Human Rights. Analysis of the reports presented by the State Parties in accordance with Article 40 of the Covenant. CCPR/C/79/Add.18. May 5, 993. United nations Human Rights Committee. Analysis of the reports presented by the States Parties in accordance with Article 40 of the Covenant. CCPR/CO/71/DOM. April 26, 2001. V. United Nations, Final observations of the Committee to Eliminate Racial Discrimination, Dominican Republic, CERD/C/DOM/CO/12, May 16, 2008, Petitioners’ document of may 5, 2009. Annex 34. See also Human Rights Watch, “Illegal Persons: Haitians and HaitianDominicans in the Dominican Republic,” vol. 14, no 1(B), April 2002, Petitioners’ document of May 5, 2009. Annex 27. 6 United Nations, Final observations of the Committee to Eliminate Racial Discrimination, Dominican Republic, CERD/C/DOM/CO/12, May 16, 2008, Petitioners’ document of May 5, 2009. Annex 34.