8
works with approximately seven small communities or “bateyes” without utilities or
basic services. She expressed that the expulsions are carried out without warning.
She indicated that there are legislators and Government representatives who asked,
through the media, that she be arrested, investigated and expelled; her children and
family have been similarly terrorized.
Lastly, she added that the practice of
expulsions has continued to date.
14.
The brief submitted by the Dominican Republic upon the closing of the public
hearing before the Court, and its appendices, whereby it alleged that
a)
the Commission acted hastily in its request for provisional measures,
since it did not wait for the reply from the State, nor did it use the means and
mechanisms at its disposal to ascertain the complaint filed by the petitioners;
b)
the deportation of foreigners who stay illegally within the Dominican
territory is a “right of the Dominican State that can be neither waved nor
negotiated, as it is one of the basic attributes of its sovereignty;” it is
established in its legislation, and it does not violate any treaty or convention
that the State may have signed or ratified;
c)
there is, in the Dominican Republic, a deportation procedure that
ensures the due process and the personalized treatment of deportation cases.
This procedure consists of three stages, to wit: detention and identification,
investigation and depuration, and, finally, verification and confirmation;
d)
before deporting someone, the competent authorities establish with
precision her or his identity and legal status in the State, to distinguish
persons susceptible of deportation from those who are not. Persons to be
deported are subject to final verification, with the participation of Haitian
consuls, before being handed over to Haitian authorities.
e)
The Dominican Republic has made sustained efforts to establish
mechanisms for the repatriation of Haitians with due protection of their rights;
this commitment has become evident over the past few years, through
intensified relations of collaboration between the Dominican and the Haitian
Governments; this has been done through the signing of several cooperation
agreements on this subject;
f)
it is not true that “the lives and physical integrity of a large number of
persons” are in danger in the Dominican Republic;
g)
the number of repatriated persons every month must be analyzed in
the context of the massive immigration of Haitian citizens into Dominican
territory; even so, the statistics of the General Immigration Directorate
indicate that the number of repatriated persons has never reached 1,000 in
any one month;
h)
the Dominican Republic has serious difficulties to absorb an indefinite
and constant number of refugees because of its own limitations, since this is a
problem that must be solved within a global context;
i)
the identity of those persons who are in danger of suffering irreparable
damage must be revealed for the adoption of provisional measures;
measures adopted in relationship to nameless persons would only hinder the