Immigrants in the Dominican Republic of April 2013; 100 (e) National report submitted in accordance with paragraph 15(a) of the annex to Human Rights Council resolution 5/1 – Dominican Republic and Summary prepared by the Office of the High Commissioner for Human Rights in accordance with paragraph 15(a) of the annex to Human Rights Council resolution 5/1 – Dominican Republic; 101 (f) “Repatriations in the Dominican Republic,” document issued by the Human Rights Observatory, Centro Bonó; 102 (g) copy of Decree No. 250-14, regulating Law 169-14, 103 and (h) World Bank Report “Dominican Republic – Poverty assessment: poverty in a high-growth economy 1986-2000.” 104 In addition, since they are well-known public facts, the Court will take the following laws into consideration: the 1955 Constitution of the Dominican Republic, the 1966 Constitution of the Dominican Republic, the 1957 Constitution of Haiti, and Haiti’s Nationality Decree of November 6, 1984. C) Admission of the statements of the presumed victims and of the testimonial and expert evidence 147. With regard to the statements of the presumed victims, the witness, and the expert witnesses provided by affidavit and during the public hearing, the Court finds them pertinent only insofar as they are in keeping with the purpose defined by the President of the Court in the order requiring them (supra para. 12). C.1. Considerations on the statements of the presumed victims 148. The State’s observations on the statements of the presumed victims in its final written arguments. The State, when referring to the statements of the presumed victims alleged: (a) that the statements of Willian Medina Ferreras and Awilda Medina Ferreras were prepared outside the time frame established in Article 41(1) of the Rules of Procedure, and it was not until the final written arguments that it was able to rule on their oral statement and affidavit. Consequently, on that occasion, based on the content of these statements, it presented a “preliminary objection on the Court’s lack of competence ratione temporis.” Secondly, if the objection was rejected, it asked that “Willia[n] Medina Ferreras and [Aw]ilda Medina Ferreras be excluded from the file” of the case, because “there was a high probability that they were not the same persons as those referred to by the representatives” and, otherwise, “that “the affidavit of [Aw]ilda Medina be excluded and also the statement made during the hearing of the person who calls himself Willia[n] Medina Ferreras, because […] it has been proved that the presumed victims has committed perjury, which has perverted the truth of all his statements and, consequently, 100 First National Survey of Immigrants in the Dominican Republic (ENI-2012) Santo Domingo, Dominican Republic, Abril 2013. Available at: http://media.onu.org.do/ONU_DO_web/596/sala_prensa_publicaciones/docs/ 0565341001372885891.pdf 101 United Nations, National report submitted in accordance with paragraph 15 (a) of the annex to Human Rights Council resolution 5/1 – Dominican Republic, UN Doc A/HRC/WG.6/6/DOM/1, 27 August 2009. Available at: http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G09/151/40/PDF/G0915140.pdf?OpenElement and Summary prepared by the Office of the High Commissioner for Human Rights in accordance with paragraph 15 (a) of the annex to Human Rights Council resolution 5/1 – Dominican Republic, A/HRC/WG.6/6/DOM/3, of 27 July 2009, Available at: http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G09/146/89/PDF/G0914689.pdf?OpenElement 102 Centro Bonó, Action and reflection mechanism. Human Rights Observatory, January-June 2012, Repatriaciones en República Dominicana. Available at http://bono.org.do/wp-content/uploads/2011/11/ODH1213definitivo.pdf. 103 The State forwarded this decree to the Court on August 13, 2014, but without indicating that it was forwarding it to the Court in relation to the processing of the instant case. 104 World Bank, Report No. 21306-RD, “Dominican Republic – Poverty assessment: poverty in a high-growth economy 1986-2000”, December 17, 2001. Available at: http://www-wds.worldbank.org/external/default/ WDSContentServer/WDSP/IB/2002/04/05/000094946_02032804010356/Rendered/PDF/multi0page.pdf 45

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents