of human rights violations such as those described in this case and, to this end, adopt all
the legal, administrative and other types of measures necessary to make the exercise of
human rights effective, pursuant to the obligations to respect and ensure rights
established in Articles 1(1) and 2 of the Convention. 494
B.3.1. Human rights training for State agents
462. The Commission asked the Court to order the State “to ensure that the Dominican
authorities who perform immigration functions receive an intensive training in human
rights to ensure that, when performing their functions, they respect and protect the
fundamental rights of everyone, without any discrimination for reasons of race, color,
language, national or ethnic origin, or other social condition.” In addition, it asked that the
Court order the State to adopt measures of non-repetition “that ensure the cessation of
the practice of collective expulsions and deportations, adjust repatriation procedures to
conform to international human rights standards […] guaranteeing the principle of equality
and non-discrimination and observing the State’s specific obligations towards children and
women.” It added that the State should implement effective measures to eradicate the
practice of “sweeps” or immigration control operations based on racial profiling, and also
establish effective judicial remedies for cases of human rights violations committed in the
course of expulsion of deportation procedures.
463. Meanwhile, the representatives asked the Court to order the State to implement “an
intensive education and training program for State agents, including immigration and civil
registry officials at all levels, on standards for equality and non-discrimination.” They
indicated that this program should have a “component dedicated to the incompatibility of
racial profiling as a mechanism for making arrests based on either immigration or criminal
grounds” and that it should be accompanied by “a national awareness-raising campaign,
focused principally on the fundamental nature of the principles of non-discrimination and
equal protection of the law and its relationship to respect for human dignity. They also
indicated that, in order to avoid a repetition of events such as those referred to in this
case it was essential that the Court order the State to adjust deportation and expulsion
procedures to international human rights law. To this end, the State should adopt any
administrative or legislative measures that might be necessary to ensure the absolute
prohibition of collective expulsions and establish penalties for the authorities who
implement them. It should also ensure respect for the guarantees of due process of
individuals subject to expulsion and deportation procedures.
464. The Court has considered that the effectiveness and impact of human rights
education programs for public officials is crucial in order to generate guarantees of nonrepetition of human rights violations. 495
465. Based on the facts and the violations declared in the case sub judice, the Court
considers it relevant to enhance respect for and to ensure the rights of the Dominican
population of Haitian descent and the Haitian population by training those involved in
immigration matters, such as members of the Armed Forces, border control agents, and
non-repetition […] will also contribute to prevention.” United Nations, Basic Principles and Guidelines on the Right
to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious
Violations of International Humanitarian Law, Resolution adopted by the General Assembly of the United Nations,
UN Doc. A/Res/60/147, 16 December 2005, principle 23.
494
260.
Cf. Case of Velásquez Rodríguez. Merits, para. 166, and Case of Veliz Franco et al. v. Guatemala, para.
495
Cf. Case of the Las Dos Erres Massacre v. Guatemala, para. 252, and Case of Nadege Dorzema et al. v.
Dominican Republic, para. 269.
145
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