189. In addition, section XIII of Immigration Regulations No. 279 of May 12, 1939, on deportation, stipulated: Immigration inspectors and officials who act in this capacity shall conduct a complete investigation of any alien, whenever there are reliable reports or there is any reason to believe that the alien is in the Republic in violation of the Immigration Law. If the investigation reveals that the alien should be deported, the Immigration Inspector will request the General Directorate of Immigration for an arrest warrant. The request for the warrant must indicate the facts and specific reasons why the alien should be deported. […] The information regarding the alien shall be recorded on form G-1, when he is heard, unless it has been recorded previously. If the alien accepts any of the charges that make him liable to deportation, a memorandum to this end shall be prepared and shall be signed by the Inspector and also the alien, if possible. If the alien does not accept any of the charges in the arrest warrant, evidence to support the charges shall be sought, the alien shall be summoned again, and be given another opportunity to make a statement, as well as to introduce evidence contesting his deportation. In cases relating to the entry of an alien into the Republic, the alien shall have the burden of proof to demonstrate that he entered legally and, to this end, the alien shall have the right to an arrival declaration, as appears in any record of the Immigration Department. After the hearing, the relevant information shall be sent by the Immigration Inspector to the Director General of Immigration for consideration and a decision by the Secretary of State for Internal Affairs and Police. If a deportation order is issued, the alien shall be deported, unless the Secretary of State for Internal Affairs and Police decides to grant him the opportunity to leave the country voluntarily within a certain period, and the alien does this. If the Secretary of State for Internal Affairs and Police finds that the alien should not be deported, the proceedings shall be annulled. In cases of deportation under articles 10(1) and 13(3) of the Immigration Law, the deportation may be decided by the Secretary of State for Internal Affairs and Police or by the Director General of Immigration, unless otherwise decided by the Secretary of State in the case in question without the need for the requirements indicated in the three preceding paragraphs of this section. The corresponding order shall be communicated to the alien who has violated the Immigration Law and to all the police authorities to ensure its implementation. 190. Meanwhile, the Memorandum of Understanding on repatriation mechanisms signed by the Dominican Republic and the Republic of Haiti on December 2, 1999, 175 also applicable at the time of the facts, established the following: The Haitian Government recognizes that the Dominican Government has the legitimate right to repatriate Haitian citizens who are in Dominican territory illegally and, to this end, both parties agree the following to improve the procedure for these repatriations: a) The Dominican immigration authorities undertake not to carry out repatriations during night hours; that is, between 6:00 p.m. and 8:00 a.m., also, they will not carry out repatriations on Sundays and the official holidays of the two countries, except between 8:00 a.m. and 12:00 m. b) The Dominican immigration authorities shall avoid the separation of family units (parents and underage children) in the repatriation procedures. c) The Dominican immigration authorities undertake to carry out any repatriations to Haitian territory exclusively through the border posts of Jimaní/Malpasse, Dajabón/Ouanaminthe, Elías Piña/Belladere, and Pedernales/Anse-à-Pitres. For its part, the Haitian Government undertakes to reinforce and/or establish immigration inspection posts at these border points that will receive those repatriated. d) The Dominican immigration authorities recognize the inherent human rights of those repatriated and shall adopt specific measures to ensure that they are accompanied by their personal effects, and shall not retain their personal documents, unless, in the opinion of these authorities, they reveal legal defects, in which case they shall be retained and subsequently forwarded to the Haitian diplomatic mission in the Dominican Republic. e) The Dominican immigration authorities shall hand every person repatriated a copy of the individual form with the order for his repatriation. f) The Dominican immigration authorities undertake to inform the Haitian diplomatic or consular authorities accredited in Dominican territory, with reasonable advance notice, of the list of persons in the process of being repatriated. These authorities may exercise their function of 175 Memorandum of Understanding on repatriation mechanisms signed by the Dominican Republic and the Republic of Haiti on December 2, 1999 (file of annexes to the motions and arguments brief, annex A17, fs. 3320 to 3322 and file of annexes to the answering brief, fs. 5676 to 5678). 62

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