ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF AUGUST 18, 2000
PROVISIONAL MEASURES REQUESTED BY THE
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
IN THE MATTER OF THE DOMINICAN REPUBLIC1
CASE OF HAITIAN AND HAITIAN-ORIGIN DOMINICAN PERSONS
IN THE DOMINICAN REPUBLIC
HAVING SEEN:
1.
The brief of the Inter-American Commission on Human Rights (hereinafter the
“Commission” or the “Inter-American Commission”) of May 30, 2000, and its
Annexes, whereby it submitted to the Inter-American Court of Human Rights
(hereinafter the “Court” or the “Inter-American Court”), pursuant to Articles 63(2) of
the American Convention on Human Rights (hereinafter the “Convention” or the
“Inter-American Convention”), and 25 of the Rules of Procedure of the Court, a
request for provisional measures on behalf of Haitian and Haitian-origin Dominican
persons subject to the jurisdiction of the Dominican Republic (hereinafter the “State”
or the “Dominican Republic”) at risk of being “expelled” or “deported” collectively
(hereinafter the “alleged victims”), in relationship to case N° 12.271, currently before
the Commission.
2.
That in said brief the Commission indicated as facts the events that are
summarized below:
a)
on November 12, 1999, the Commission received a complaint about
“massive expulsions” of the alleged victims, that the State was implementing
during that month. Ten days later, on November 22, 1999, the Commission
issued a request for the adoption of a precautionary measure and requested
that the Dominican Republic stop the “massive expulsions” and that, in the
event that they would continue to be made, this be done satisfying the
requirements of the due process;
b)
on December 7, 1999, the State rejected the precautionary measure,
pointed out the legal procedures applicable to the “repatriations” implemented
by the General Immigration Directorate, and informed on the preparation of a
new draft Immigration Law, and on talks held with the Government of Haiti.
Lastly, it affirmed that “collective repatriations” were not being made in the
Dominican Republic;
c)
the pace of the “deportations” became slower after November 1999;
however, on March 10 and May 5, 2000, the petitioners reiterated their
complaint before the Commission, and affirmed that an average of 2,000
1
Judges Oliver Jackman and Sergio García-Ramírez informed the Court that, due to force
majeure, they were unable to be present at the public hearing of August 8, 2000, for which reason they
did not take part in the deliberation and signing of this Order.