ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF AUGUST 7, 2000
REQUEST FOR PROVISIONAL MEASURES IN FAVOR OF
HAITIAN AND HAITIAN-ORIGIN DOMINICAN PERSONS
IN THE DOMINICAN REPUBLIC1
HAVING SEEN:
1.
The brief of the Inter-American Commission on Human Rights (hereinafter the
“Commission”) of May 30, 2000 and its appendices, whereby, pursuant to Articles
63(2) of the American Convention on Human Rights (hereinafter the “Convention” or
the “American Convention”), and 25 of the Rules of Procedure of the Court, it
submitted to the Inter-American Court of Human Rights (hereinafter the “Court”) a
request for provisional measures in favor of Haitian and Haitian-origin Dominican
persons subject to the jurisdiction of the Dominican Republic (hereinafter the “State,”
or the “Dominican Republic”), who are at risk of being “expelled” or “deported”
collectively (hereinafter the “alleged victims”), in relationship to case N° 12.271,
currently before the Commission.
2.
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
acknowledged the identity of some of the alleged victims, who had given their
approval for purposes of being named in the context of the request.
3.
The Order of the President of the Court of July 16, 2000, whereby the State
and the Commission were summoned to a public hearing that would be held at the
seat of the Court on August 8, 2000, as of 10:00 hours, so as for the Court to hear
its points of view on the events and circumstances that justified the request for
provisional measures.
4.
The brief of the Commission of July 21, 2000, whereby it accredited the
persons who would represent it at the public hearing (supra 3); proposed Ms.
Solange Pie and Mr. R.P. Pedro Ruquoy as experts to provide information at the
hearing; and requested the permission of the Court to show, during said audience, a
video with testimonies from alleged victims.
5.
The brief of the Inter-American Commission of July 25, 2000, where it
expressed the need to have at its disposal the two expert witnesses that it offered, in
consideration of the following reasons:
a)
The expert witnesses offered shall provide information concerning the
situation of the “Haitian-Dominicans and Haitians” who live in the Dominican
Republic; they shall refer to the practice of “expulsion” to which the latter are
subjected; they shall provide information on the frequency and form of the
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, and at the deliberations
and signing of this order.