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provisional measures are still in effect with respect to Antonio Sensión, William Medina Ferreras and
Berson Gelin.
17.
While the provisional measures were being negotiated, the parties agreed to introduce
safe-conducts as a useful means of protecting the beneficiaries and their family members. A safeconduct is a provisional document, created for purposes of the provisional measures and issued by the
Dominican Republic. It states that the bearer is “authorized to travel and work anywhere in the territory of
the Dominican Republic until such time as the Inter-American Court […] decides case 12.271.” The
parties and the Court were of the view that safe-conducts were a suitable means to protect the life and
physical integrity of the beneficiaries and, if need be, to prevent them from being deported or expelled
from the Dominican Republic.
III.
POSITION OF THE PARTIES
A.
The petitioners
18.
The petitioners alleged that Benito Tide Méndez, William Medina Ferreras, Lilia Jean
Pierre, Wilda Medina, Luis Ney Medina, Carolina Isabel Medina, Jeanty Fils-Aime, Janise Midi, Nene FilsAime, Antonio Fils-Aime, Diane Fils-Aime, Marilobi Fils-Aime, Endry Fils-Aime, Andren Fils-Aime, Juan
Fils-Aime, Berson Gelin, Ana Virginia Nolaco, Ana Lidia Sensión, Reyita Antonia Sensión, Andrea Alezy,
Rafaelito Pérez Charles, Víctor Jean, Marlene Mesidor, McKenson Jean, Victoria Jean, Miguel Jean and
Nathalie Jean 13/17 of whom were children, were arbitrarily arrested and expelled from the Dominican
Republic to Haiti, without prior notice, without a hearing, and without the opportunity to collect their
personal effects or contact family members. They further alleged that the summary deportations –
consummated in less than 24 hours- caused the alleged victims severe hardship, including significant
material losses and profound personal suffering.
19.
Specifically, they alleged that the Sensión family was deported in December 1994, Benito
Tide Méndez in 1998, Rafaelito Pérez Charles on July 24, 1999, the Medina Ferreras and Fils-Aime
families in November 1999, Berson Gelin in 1995 and again on December 5, 1999, Andrea Alezy on
January 7, 2000 and the Jean family on December 1, 2000.
20.
The petitioners pointed out that the alleged victims included Dominican citizens, persons
born in Dominican territory and therefore citizens by virtue of the principle of jus soli, as Dominican law at
the time prescribed; it also included persons born in Haiti who had strong family and personal ties in the
Dominican Republic and had lived there for many years. Because of the differing circumstances among
the alleged victims, the petitioners classified them up as follows: a) persons born in the Dominican
Republic and having official documentation ((Benito Tide Méndez, William Medina Ferreras, Wilda
Medina, Luis Ney Medina, Carolina Isabel Medina, Ana Lidia Sensión, Reyita Antonia Sensión, Rafaelito
Pérez Charles and Miguel Jean, Victoria Jean, Nathalie Jean); b) persons born in the Dominican Republic
but without official documentation (Jeanty Fils-Aime, Nene Fils-Aime, Antonio Fils-Aime, Diane Fils-Aime,
Marilobi Fils-Aime, Endry Fils-Aime, Andren Fils-Aime, Juan Fils-Aime, Berson Gelin and Víctor Jean),
and c) persons born outside Dominican territory (Lilia Jean Pierre, Janise Midi, Ana Virginia Nolaco,
Andrea Alezy and Marlene Mesidor y McKenson Jean).
21.
They alleged that summary expulsions is a routine practice of the Dominican State and
involves the systematic and collective deportation of persons presumed to be of Haitian origin. The
petitioners’ contention was that Dominican immigration officials have identified and deported persons with
black skin and African features on the suspicion that they are Haitians, even though many of these people
are in fact of an altogether different nationality or origin. The petitioners added that the Dominican
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authorities go after “black” people who live in the bateyes and work in the cane fields and whose socio6
Bateyes are rudimentary settlements built by companies to lodged workers of sugarcane.