Sensión, Ana Dileidy Sensión, Maximiliano Sensión, Emiliano Mache Sensión, Analideire Sensión,
[Julie Sainlice], 11 Jamson Gelim, Faica Gelim, Kenson Gelim, Jessica Jean and Victor Manuel Jean.”
ii) Recommendations. The Inter-American Commission recommended that the State:
1. Permit all the victims who are still in Haitian territory to return to the territory of the Dominican
Republic.
2. Take the measures necessary to:
(a) recognize the Dominican nationality of Benito Tide Méndez, William Medina Ferreras, Wilda
Medina, Luis Ney Medina, Ana Lidia Sensión, Reyita Antonia Sensión, Rafaelito Pérez Charles,
Miguel Jean, Victoria Jean and Natalie Jean and replace or provide all the necessary
documentation certifying them as Dominican nationals.
(b) provide Nene Fils-Aimé, Diane Fils-Aimé, Antonio Fils-Aimé, Marilobi Fils-Aimé, Endry Fils-Aimé,
Andren Fils-Aimé, Juan Fils-Aimé, Berson Gelin and Victor Jean with the necessary
documentation certifying that they were born in Dominican territory, and facilitate the
procedures required to recognize their Dominican nationality.
(c) ensure that Lilia Jean Pierre, Janise Midi, Carolina Fils-Aimé, Ana Virginia Nolasco, Andrea
Alezy, Marlene Mesidor and McKenson Jean, Haitian nationals, are able to remain legally in
Dominican territory with their families.
3. Pay integral compensation to the victims, or their heirs where appropriate; the compensation should
cover pecuniary and non-pecuniary damage and the property the victims had to leave behind in the
Dominican Republic when they were expelled.
4. Publicly acknowledge the violations declared in this case, using appropriate means of dissemination.
5. Adopt measures of non-repetition that:
(a)
ensure the cessation of the practice of collective expulsions and deportations, and adapt
repatriation procedures to the international human rights standards established in the merits
report; in particular, ensuring the principle of equality and non-discrimination, and observing the
State’s specific obligations in relation to children and women.
(b)
include a review of domestic legislation on registration and the granting of nationality to
persons of Haitian descent born in Dominican territory, and the repeal of those provisions that
directly or indirectly have a discriminatory impact based on racial characteristics or national origin,
taking into account the principle of ius soli accepted by the State, the State obligation to prevent
statelessness and relevant standards of international human rights law.
6. Implement effective measures to eradicate the practice of sweeps or immigration control operations
based on racial profiling.
7. Ensure that the Dominican authorities who perform immigration-related functions receive intensive
training in human rights to guarantee that, in the performance of their functions, they respect and
protect the fundamental rights of everyone, without discrimination by reason of race, color,
language, national or ethnic origin, or any other social condition.
8. Investigate the facts of this case, determine who is responsible for the violations that are proved
and establish the pertinent sanctions.
9. Establish effective judicial remedies for cases of human rights violations committed in the course of
expulsion or deportation procedures.
4.
Notification of the State. The Merits report was notified to the Dominican Republic in
a communication of April 12, 2012, and it was given two months to report on compliance
with the recommendations. The Commission indicated that this period elapsed without the
State complying with the recommendations; therefore, it submitted the case to the Court
due to the need to obtain justice and fair reparation.
5.
Submission to the Court. On July 12, 2012, the Commission submitted to the
Court’s jurisdiction the facts and human rights violations described in the Merits report
“that have continued since [Dominican Republic] accepted the contentious jurisdiction of
the Court on March 25, 1999.” The Inter-American Commission appointed Commissioner
Rosa María Ortiz, and its Deputy Executive Secretary, Elizabeth Abi-Mershed, as
delegates, and Isabel Madariaga Cuneo and Tatiana Gos, Executive Secretariat lawyers, as
legal advisers.
11
Although the Commission referred to “Gili Sainlis” in the Merits report, for the effects of this Judgment, the
Court will refer to her as “Julie Sainlice” because, at the Court’s request, the representatives clarified her name
on August 28, 2013.
7