4
report[ed] that it had not been asked to examine the case in question, so that [...]
domestic remedies ha[d] not been exhausted in the case,” and attached copies of an
official letter dated September 2, 1999, addressed to the Head of the International
Studies Division by the President of the Central Electoral Board, a letter dated
September 20, 1999, addressed to the Inspectorate of the Central Electoral Board by
Thelma Bienvenida Reyes, Civil Status Registrar, and a list of eleven requirements
for late declaration of birth issued by the Central Electoral Board.
11.
On September 30, 1999, also, and in relation to the adoption of precautionary
measures, the State advised that “the Dominican Republic [would] never repatriate a
Haitian citizen who was in the country legally, with a legal residence permit, a work
permit, [or] a valid Dominican visa[,] or according to any of the conditions that have
been established for accepting illegal immigrants, [such as] individuals who have
been in the country for a long time, or who are related to Dominican nationals,” and
that “the Directorate General of Migration [had] reiterated the provisions it had
established for repatriation procedures to the corresponding departments,
emphasizing [...] that the [Yean and Bosico children] should not be repatriated while
the procedure of verifying the legitimacy of their arguments was underway.”
12.
On October 5, 1999, the Inter-American Commission held a hearing on the
precautionary measures ordered in this case, during which the petitioners’
representatives alleged that “the actions of the [State] ha[d] left the children Dilcia
and Violeta without a nationality and ha[d] exposed them to the risk of immediate
and arbitrary expulsion from the country in which they were born.” The State
indicated that “it had never violated the law or refused to register their births[,
rather] the procedure established [by law] had not been complied with;” it added
that “it doubted that domestic remedies had been exhausted.”
13.
On November 1, 1999, the Commission advised that “it place[d] itself at the
disposal of the parties concerned with a view to reaching a friendly settlement of the
matter.”
14.
On December 1, 1999, the State advised the Commission that it was willing
to accept the friendly settlement mechanism and put on record that “domestic
remedies ha[d] not yet been exhausted.”
15.
On December 2, 1999, the petitioners’ representatives alleged that “they
ha[d] exhausted domestic remedies [and] ha[d] complied with the provisions of
Dominican law to appeal the denied registration [..., because the children had]
appealed the decision before the Public Prosecutor[, who had] rejected the appeal.”
The petitioners’ representatives also alleged that the Central Electoral Board “ha[d]
already considered [the registration request] and decided against the [children] and,
consequently, Dilcia and Violeta ha[d] exhausted the questionable ‘appeal procedure’
before the [Central Electoral Board].”
16.
On January 11, 2000, the petitioners’ representatives advised that they were
willing to take part in the friendly settlement procedure proposed by the
Commission.
17.
On March 1, 2000, the petitioners’ representatives submitted a proposal for a
friendly settlement to the Commission, requesting specific measures of satisfaction,
such as: registration of the children’s births; modification of the requirements for
late declaration of birth to ensure the rights of Dominican children with Haitian
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