129. In addition, Immigration Regulations No. 279 of May 12, 1939186 regulated the
deportation procedure as follows:
Immigration inspectors and officials acting as such shall conduct a full investigation of any alien,
whenever truthful reports exist or there is any reason to believe that the alien is in the Republic in
violation of the Immigration Act. If the investigation establishes that the alien should be deported,
the Immigration Inspector shall request an arrest warrant from the General Immigration Board.
The request for a warrant must state the facts and show the specific reasons why the alien should
be deported. If the arrest warrant is issued, the Immigration Inspector shall call the alien to be
heard regarding the charges stated in the arrest warrant.
The information relating to the alien shall be entered on the G-1 form when he is heard, unless
this information has been recorded previously. […] If the alien does not accept any of the charges
stated in the arrest warrant, evidence will be sought to substantiate the charges; then the alien
will be summoned again and given another opportunity to state his case, as well as to introduce
evidence opposing his or her deportation. […]
130. Nevertheless, as previously determined (supra paras. 54 and 55), after the truck
overturned, 11 people were detained and taken to the Border Intelligence Operations Base
(DOIF) in Montecristi. Some hours later they were taken to the Dejabón military barracks,
where soldiers threatened to take them to a prison, and told them that they could work in
the fields or pay money to the agents to be returned to Haiti. Based on this threat, the Court
found it proved (supra para. 55) that the detainees collected money, gave it to the soldiers
and, on the afternoon of June 18, 2000, were transferred to the town of Ouanaminthe
(Wanaminthe), in Haiti. In this regard, the Court emphasizes that the said deprivation of
liberty was not formally recorded or justified at any time. In addition, the transfer of the
migrants from the Montecristi DOIF to the Dejabón military barracks was not authorized by a
written or founded order and, at no time, were the detainees brought before a competent
authority, in this case the Immigration Inspector or the Director General, as required by the
Constitution in force (supra para. 127).
131. The Court has also upheld the need to guarantee certain minimum standards that
must be met in police detention centers;187 in particular, a record of detainees must be kept
that permits monitoring the legality of the detentions.188 In relation to the facts of this case,
the Court notes that the authorities did not respect the obligation to record the information
on the foreign detainees so that they could be deported. Thus, the absence of a record of
this information on the “G-1 form” signified a disregard of the provisions of Immigration
Regulations No. 279 (supra para. 129). Based on the foregoing, the State violated Article
7(2) of the American Convention to the detriment of Rose-Marie Petit-Homme, Joseph
Pierre, Renaud Tima, Selafoi Pierre, Sylvie Felizor, Roland Israel, and Rose Marie Dol
(hereinafter “the detained victims”).
order the arrest or expulsion of aliens whose activities, in his opinion, have been or could be prejudicial to public
order and good practice.
184
Article 10.a. The following types of aliens shall be excluded from entry into the Republic: (1) Anarchists or
persons who promote doctrines or activities to overthrow the Dominican Government or contrary to law and order
[…].
185
Article 13. The following aliens shall be arrested and deported […]: (3) Any alien who joins or associates
with activities tending to overthrow the Dominican Government or who illegally traffics in drugs, or joins in other
activities contrary to public order and safety.
186
Immigration regulation No. 279 of May 12, 1939, published in Gaceta Oficial No. 5313 (file of attachments
to the representatives’ final written arguments, tome VIII, folio 4351).
187
Cf. Case of Bulacio v. Argentina. Merits, reparations and costs. Judgment of September 18, 2003. Series C
No. 100, para. 132.
188
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala. Reparations and costs. Judgment of
May 25, 2001. Series C No. 76, para. 203, and Case of Uzcátegui et al. v. Venezuela. Merits and reparations
Judgment of September 3, 2012 Series C No. 249, para 151.
39
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