6
decision with the guarantees of the due process; it must respect the right to
life, to physical and psychological integrity and to the family, and the right of
children to obtain special protection measures. Lastly, the implementation of
such policy cannot be allowed to result in cruel, inhuman or degrading
treatment, nor in discrimination for reasons of race, color, religion or sex;
b)
the Commission required the adoption of precautionary measures on
November 21, 1999, and, to date, there has been no change in the practice of
the Dominican authorities of deporting and expelling Haitians and Haitianorigin Dominicans. This practice, which is carried out arbitrarily, in summary
fashion, and without guarantees, continues to be aimed against individuals
whose skin color is “black.” Because of the fact that they are black, they are
suspected to be Haitian; it is then presumed that if they are Haitian they are
illegally in the country and are therefore expelled. The practice described
causes great damage and harm to Haitians and Haitian-origin Dominicans,
who live with the constant fear of being deported or expelled.
c)
this request is being made on behalf of a given but nameless group,
since the State’s practice makes it impossible to distinguish between
individual group members; the members do not come forth as individual
members of the group because of fear; and the inter-American human rights
system would not be equipped to process individual complaints from each
member;
d)
neither the text nor the spirit of Article 63(2) of the American
Convention establish an impossibility or restriction as to whether the
irreparable damage should be against life, integrity or any other right. There
is, therefore, the need to recognize that other rights protected by the
Convention should be subject to a protection similar to the protection thus far
afforded life and personal integrity;
e)
the witnesses who appeared at the public hearing before the Court are
justifiably fearful, and the interrogation by the State at said hearing did not
help dissipate their fear; and
f)
the Commission continues to be ready to dialogue constructively with
the Dominican authorities to arrive at permanent solutions.
12.
The arguments of the State presented at the same public hearing, which are
summarized below:
a)
There is, in the Dominican Republic, a deportation procedure that
ensures the due process and the personalized treatment of deportation cases.
The State has taken very seriously the repatriation of Haitian citizens who are
illegally within its territory, whereby it has made a sustained effort, in
collaboration with the Haitian government, to improve at every step the
repatriation mechanisms, in a spirit of protection of people’s rights. In like
manner, the State recognizes that all mechanisms or procedures can always
be improved;
b)
the immigration authorities have publicly and repeatedly invited the
non-governmental organizations of the Dominican Republic to observe the
different phases of the deportation process, but this invitation has not been
welcomed by said organizations;