8.
The Inter-American Commission offered as expert evidence the expert reports
of: a) Cristóbal Rodríguez, for him to render a statement on “the intervention of the
Dominican military justice system in the investigation and prosecution of crimes that
are not committed on duty [or] that could constitute human rights violations[,] as well
as the constitutional and legal regulations regarding the scope of the application of
military justice in the Dominican Republic”; b) Gay McDougall, for him to render a
statement on “the treatment of Haitian migrants on Dominican territory, and on the
minimum guarantees that pursuant to international human rights must govern in all
criminal or other type of procedures that involve the determination of the migrant
status of a person or that can result in a sanction as a consequence of this status,” and
c) Doudou Diène, for her/him to render a statement on “the structural discrimination
in the Dominican Republic against Haitian persons or persons of Haitian origin, the
excessive use of force by State agents against Haitian persons or persons of Haitian
origins, as well as the absence of effective answers by the judiciary regarding this
problem.” (supra Having Seen clause 1 and 3).
9.
The State and the representatives did not present objections to the three expert
witness reports offered by the Commission.
10.
In its brief of May 4, 2012, the Commission forwarded its final list of declarants,
wherein it stated that the expert opinion of Mr. Cristóbal Rodríguez offered more
elements in regard to standards regarding the military forum, as well as the
unsuitability of the military forum to hear cases regarding human rights violations
allegedly perpetrated by State agents. Moreover, it noted that the expert opinion of
Mrs. Gay McDougall offered the Court information on the international standards on
human rights regarding guarantees in proceedings that involve the determination of a
person’s migrant status, elements that would allow the Court to define the
corresponding standards. Lastly, it noted that the expert opinion of Mrs. Doudou Diène
offered more elements in regard to international standards on human rights regarding
structural discrimination, and would explain the factors that affect discrimination in
Dominican institutions and authority regarding Haitian persons or persons of Haitian
origin..
11.
In regard to the expert opinion of Mr. Rodríguez, the court considers that from
the information provided by the Commission the purpose of this opinion is related to
the Inter-American public order. Notwithstanding the aforementioned, given the vast
amount of jurisprudence of the Court on the matter, it is not necessary, at this
moment, to require the expert opinion of Mr. Rodríguez.
12.
In regards to the proposed expert opinions of Mrs. McDougall and Mr. Diène,
the President deems that the proposed evidence can contribute to strengthening the
Inter-American System of Human Rights capacities of protection regarding racial
discrimination and the rights of migrants that are subjected to any State proceeding,
who situation and the establishment of the migratory status involves the possibility of
punishment by the State, which transcends this forum of the particular interest of the
parties in a specific proceeding and creates a relevant harm in the spectrum of the
Inter-American public order of human rights. Notwithstanding the aforementioned this
Presidency will make use of its power to determine the purpose and objectives of the
expert opinions, in such a way that it will carry out the necessary modifications in favor
of the Inter-American public interest.
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