2
“deportations” were being made per month since November 1999, and that in
April 2000 it was noticed that the pace of such “deportations” had quickened;
d)
the “expulsions” are made through collective raids not subject to a
legal procedure for identifying adequately the nationality of those “expelled,”
their immigration status, or their family ties; they are simply drawn away
from their homes without warning and without the possibility to carry their
belongings with them. The immigration authorities select the persons to be
deported by the color of their skin;
e)
the petitioners have calculated that more than 20,000 individuals were
“expelled or deported” during November 1999. The Dominican authorities use
excessive force to ensure that the alleged victims obey their orders, which
includes the women’s submitting to sexual abuse;
the children suffer
psychological damage, and fear keeps them from leaving their homes; the
women of those who are “deported” have to survive without means;
f)
on December 3, 1999, the Governments of Haiti and the Dominican
Republic entered into an agreement, whereby the latter committed to notify
the Haitian authorities on any deportation of Haitian nationals; according to
the petitioners, this agreement has not been honored by the State; and
g)
the practice of “deportations” and “expulsions” affects two groups:
legal and non-documented Haitian workers, and legal and non-documented
Haitian-origin Dominicans who live in the Dominican territory;
and on the basis of the preceding it requested that the Court
[…] adopt the provisional measures in order that the State… suspend the
massive expulsions-deportations that the Dominican authorities are
implementing, and of which Haitians and Haitian-origin Dominicans are being
the victims, since they place the life and physical integrity of those deported
and of family members who are separated, especially children under age who
are left abandoned, at risk[;]
[…] adopt the provisional measures in order that the State establish
procedures through which it may be possible to distinguish cases where
deportation is not applicable, from cases where it is applicable. In the event
that persons who are in the Dominican territory are expelled or deported, the
requirements of the due process must be strictly observed, including a
minimum term for notification, access to family members, adequate hearings,
and decisions adopted lawfully by the competent authorities. In all the cases
the deportations must be made individually, not massively.
3.
The brief of the Commission of June 13, 2000, whereby it submitted an
Addendum to its request for provisional measures (supra 1) and informed that it had
acquired knowledge of the identity of some of the alleged victims, who had given
their approval to being named in the context of the request. Thus, the Commission
described some of the specific circumstances of Benito Tide-Méndez, Rafaelito PérezCharles, Antonio Sensión, Janty Fils-Aime, Berson Gelim, William Medina-Ferreras2
2
His actual name is Wilner Yan, according to the brief of the State of August 8, 2000,
accompanied by the July 19, 2000, Annex of the Director General of Immigration of the Dominican
Republic, submitted at the end of the public hearing held before the Inter-American Court on August 8,
2000.