undocumented, living in Dominican territory as well as of Dominicans of Haitian descent,
documented and undocumented. They assert that more than 20,000 people were repatriated
in November 1999, and that the practice continued up until December 14, 2000, with an
average of 2000 people deported monthly. They assert that this practice has continued despite
the provisional measures adopted by the Inter-American Court.
21. They contend that these actions take place with no prior warning and involve the use of
excessive force, including different types of physical intimidation a people are taken from their
homes, their families and jobs and in some cases, their children. The acts of violence also have
included sexual abuse of women.
22. The petitioners also report that these people are detained by immigration officers and
Dominican soldiers and are transported to the Haitian border with no opportunity to prove their
legal status or make arrangements prior to being expelled. This practice, they say, has also
been used against Dominican citizens who have the means to prove their legal status in
Dominican territory. These individuals are deprived of their ability to contest the deportation,
contact family members, or obtain legal assistance. The petitioners claim that the alleged
victims, as members of these groups, have been targeted by different facets of this State
policy.
23. The petitioners add that in several cases, fathers and mothers have been sent to Haiti and
forced to leave their small children behind in the Dominican Republic.
24. The petitioners further claim that the information about these practices is consistent with
that of several Dominican and international organizations who confirm the existence of this
generalized policy since the mid 1990s. Moreover, the Dominican State has failed to comply
with its bilateral treaties with Haiti by failing to notify the latter about thousands of people who
were simply left at the border.
25. The petitioners also point out that Haitians living in the Dominican Republic are not
granted the opportunity to obtain legal residency; they are frequently arrested, put in
omnibuses, and sent to Haiti. They assert that this practice has included Haitians who have
lived in Dominican territory for more than twenty years.
26. They further claim that those who have had legal access to work and residency are not
given the opportunity to prove their status and ultimately are treated as if they were
undocumented.
27. The petitioners contend that these policies also affect Dominicans of Haitian descent whom
the immigration authorities have mistakenly deported in the same circumstances. Reports from
the State itself have alluded to this situation, which has affected third generation Dominicans.
28. The petitioners also contend that many children have been left behind, abandoned on
Dominican soil as a result of such practices by the State. Deportees are frequently prevented
from taking their minor children with them and parents who have been deported have been
prevented from contacting their children or other family members.
29. The petitioners argue that such policies violate the domestic law of the Dominican
Republic, whose immigration regulations establish deportation procedures including prior
notice, specific grounds, and an opportunity to contest the charges. Moreover, these actions
violate a 1997 agreement between the Dominican State and Haiti that was signed in the
context of a similar crisis.
30. The petitioners consider that these mass practices at the national level discriminate based
on race and origin, and infringe upon the domestic and international rights of these people.
B.
The State
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