ORDER OF THE PRESIDENT OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF SEPTEMBER 14, 2000
PROVISIONAL MEASURES
REGARDING THE DOMINICAN REPUBLIC
CASE OF HAITIANS AND HAITIAN-ORIGIN DOMINICANS
IN THE DOMINICAN REPUBLIC
HAVING SEEN:
1.
The brief of the Inter-American Commission on Human Rights (hereinafter
"the Commission" or "the Inter-American Commission") of May 30, 2000 and its
Attachments, wherein it submitted to the Inter-American Court of Human Rights
(hereinafter "the Court" or "the Inter-American Court"), in keeping with Articles
63(2) of the American Convention on Human Rights (hereinafter "the Convention" or
"the American Convention") and 25 of the Rules of Procedure of the Court, a petition
for provisional measures on behalf of Haitian and Haitian-origin Dominican persons
who are under the jurisdiction of the Dominican Republic (hereinafter "the State" or
"the Dominican Republic") and who are at risk of being collectively "expelled" or
"deported (hereinafter "the alleged victims"), concerning case No. 12.271, currently
in process before the Commission.
2.
That, in said brief, the Commission stated as facts those summarized below:
a)
on November 12, 1999, the Commission received a complaint about
"mass expulsions" of the alleged victims carried out by the State during that
month. Ten days later, on November 22, 1999, the Commission issued a
precautionary measure and requested the Dominican Republic to cease the
"mass expulsions" and that, in case these continued, they should be done
according to the requirements of due process;
b)
on December 7, 1999, the State rejected the precautionary measure,
indicated the legal procedures applicable to the "repatriations" implemented
by the General Migration Office, and reported on the preparation of a new
draft of the Migration Act and on conversations held with the Government of
Haiti. Lastly, it stated that no "collective repatriations" were taking place in
the Dominican Republic;
c)
the pace of "deportations" decreased after November, 1999; however,
on March 10 and May 5, 2000, petitioners renewed their complaint before the
Commission, saying there was an average of 2,000 "deportations" per month
since November, 1999, and that in April, 2000, there had been an increase in
the pace of these "deportations";