10
a)
Rafaelito Pérez Charles
The Commission assured he was born and raised in the Batey seven Community,
Neyba, Dominican Republic; he has been forcefully deported once without being
given the chance to prove his Dominican nationality; and he is currently not living in
the Batey seven Community because he is under the fear of being deported again,
as well as fear for his life because of his complaint to the Commission. It said the
assumed Government officials who visited the above-mentioned Community were
told Rafaelito Pérez Charles was born, was raised, and was living until very recently
in the Batey seven and that the Government based its allegation regarding Rafaelito
Pérez Charles on the alleged statement by Adolfo Encarnación, who has denied what
has been affirmed by the State. It attached copies of depositions by Rafaelito Pérez
Charles' mother, Ms. María Esthel Medina Matos, the First Puisne Mayor of the Batey
seven Community, Mr. Eristen González González, and the Second Puisne Mayors of
the Batey seven Community, Messrs. Adolfo Encarnación and Saint Foir José Louis.
b)
Berson Gelim
The Commission repeated that Dominican authorities do not keep an adequate
control on the "arbitrary deportations and expulsions" they carry out, and for this
reason Berson Gelim, among many other "victims of this policy", does not appear as
registered in the official immigration minutes. It attached two depositions signed
personally by him, the last one taken on June 26, 2000, with the purpose of
updating the petition for provisional measures "proving that Berson Gelim was
arbitrarily expelled from the Dominican Republic".
Finally, the Commission requested the Court to "urgently adopt the following
provisional measures":
a.
[t]o order the State of the Dominican Republic to refrain from deporting or
expelling Rafaelito P��rez Charles from its territory;
b.
[t]o order the State of the Dominican Republic to allow the immediate return of
Berson Gelim to its territory and to let him meet with his son, whom he has not seen
since he was expelled;
c.
[t]o request from the State of the Dominican Republic the adoption of the
necessary measures to protect the life and personal integrity of Rafaelito Pérez Charles
and Berson Gelim; [and]
d.
To request the State of the Dominican Republic to adopt the necessary
measures so that Rafaelito Pérez Charles, Berson Gelim, and the other individualized
victims may file their complaints and make their statements, both nationally and
internationally, without pressures or retaliations.
18.
The Secretariat of the Court's note of September 1, 2000, wherein, following
instructions of the President, it requested the Dominican Republic to urgently send
its remarks to the brief of the Commission of August 31, 2000, by no later than
September 12 of the same year. The State did not submit comments to said brief
within the prescribed period.
CONSIDERING:
1.
The Dominican Republic is a State Party to the American Convention since
April 19, 1978, and acknowledged the Court's jurisdiction, pursuant to Article 62 of
the Convention, on March 25, 1999.