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The Commission refers the instant case to the jurisdiction of the Inter-American Court based on
the State’s failure to comply with the recommendations and the resulting need to obtain justice in the
instant case. As demonstrated throughout the report on the merits, the Dominican State is responsible for
the excessive use of force by military forces against a group of Haitians, in which seven people lost their
lives and several more were wounded. The military justice system was directly informed of the facts and,
after several years of proceedings and despite the petition submitted by the relatives of the executed
victims that the case be submitted to the ordinary jurisdiction, the military courts acquitted the military
personnel involved.
In addition, some of the surviving victims suffered violations of their rights to personal liberty, a
fair trial, and judicial protection, given that they were expelled from the Dominican Republic, without
receiving the guarantees due to them as migrants. Furthermore, the Commission submits this case due to
the denial of justice from the time the violations were committed, to the detriment of the executed victims,
as well as with respect to the survivors and the resulting impunity for the violations committed.
The Commission emphasizes that the facts in the instant case are part of a more general pattern
of discrimination against Haitians or persons of Haitian origin in the Dominican Republic, as well as
deportations of Haitians from the Dominican Republic. The Commission has followed this situation closely
through various mechanisms. In particular, the Commission has referred to these problems since its
report on the human rights situation in the Dominican Republic in 1999. The Commission deems it
necessary that, in analyzing this case, the Inter-American Court gives special consideration to the
characteristics of this pattern in the Dominican Republic, in the terms described in the report on the
merits.
Accordingly, the Inter-American Commission asks the Court to conclude and declare the
international responsibility of the State for:
a)
The violation of the rights to life and humane treatment established in Articles 4(1) and
5(1) and 5(2) of the American Convention, as they relate to Article 1(1) thereof, to the detriment of
Jacqueline Maxime, Fritz Alce (Gemilord), Roselene Theremeus, Ilfaudia Dorzema, Máximo
Rubén de Jesús Espinal, Pardis Fortilus, and Nadege Dorzema.
b)
The violation of the rights to a fair trial and judicial protection established in Articles 8 and
25 of the American Convention, as they relate to the obligations established in Article 1(1)
thereof, to the detriment of the relatives of the executed victims identified in paragraph 104 of the
Merits Report, as well as the wounded identified in paragraph 103 of the same. In addition, the
State is responsible for failure to comply with Article 2 of the American Convention, as it relates to
Articles 8 and 25 thereof.
c)
The violation of the rights to personal liberty, humane treatment, a fair trial, and judicial
protection, established in Articles 7(1), 7(2), 7(3), 7(4), 7(5), and 7(6), as well as Articles 5(1) and
5(2), and 8 and 25 of the American Convention, as they relate to Article 1(1) thereof, to the
detriment of Joseph Pierre, Selafoi Pierre, Silvie Thermeus, Roland Israel, Rose Marie Dol, Josué
Maxime, Cecilia Petithomme/Estilien, Sonide Nora, Alphonse Oremis, Renaud Timat, and
Honorio Winique.
d)
The violation of the right to humane treatment, established in Article 5(1) and 5(2) of the
American Convention, as it relates to Article 1(1) thereof, to the detriment of Joseph Desravine.
e)
The violation of the right to non-discrimination, established in Article 24 of the American
Convention, as it relates to Article 1(1) thereof, to the detriment of the executed Haitian victims,
the Haitian survivors, and the relatives of the executed victims.
Consequently, the Commission requests that the Inter-American Court establish the following
reparations:

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