5
practice of “expulsion and deportation” of Haitian and Haitian-origin Dominican
nationals in the Dominican Republic[;]
3.
[t]o request the State of the Dominican Republic to facilitate the exit
from and entry into its territory of Father Pedro Ruquoy and Ms. Solange Pie,
who have been summoned by the Inter-American Court of Human Rights to
render a testimonial statement in relationship to the request for provisional
measures[; and]
4.
[t]o establish that this summons shall be governed by the provisions
of Article 45 of the Rules of Procedure of the Inter-American Court of Human
Rights, according to which “the party requesting the production of evidence
shall defray the cost thereof[;]”
10.
The public hearing on this request held at the Inter-American Court on August
8, 2000, there having appeared
for the Dominican Republic:
Servio Tulio Castaños, agent;
Danilo Díaz, deputy agent;
Flavio Darío Espinal, assistant;
Rhadys Abreu-de-Polanco, assistant;
Wenceslao Guerrero-Pou, assistant;
Teresita Torres-García, assistant;
Claudia Blonda, assistant; and
Oscar Iván Peña, assistant.
For the Inter-American Commission on Human Rights:
Juan Méndez, delegate;
Berta Santoscoy, attorney;
Roxanna Altholz, adviser;
Katie Fleet, adviser;
Cathie Powell, adviser;
Arturo Carrillo, adviser; and
Luguely Cunillera, adviser.
Witnesses presented by the Inter-American Commission:
Father Pedro Ruquoy and
Solange Pierre
11.
The arguments of the Commission presented at the above-referenced public
hearing, which are summarized below:
a)
The Commission recognizes that the immigration policy of each State
is its own sovereign decision; however, this has limitations. Thus, in
conformity with the American Convention, this policy cannot affect the right of
nationals to leave and enter the country, and to select any location therein as
a place of residence; this policy must recognize the right of legal aliens not to
be deported, except by a decision based on the law, and must prohibit the
collective expulsion of aliens whether legally or not in the country. In like
manner, the immigration policy must ensure, for each case, an individual