50
b)
The violation of the right to judicial guarantees and the right to judicial protection
enshrined in Articles 8 and 25 of the American Convention, in connection with the obligations established
in Article 1(1) of the same instrument, to the detriment of the victims executed who are identified in
paragraph 103. Likewise, the failure to comply with Article 2 of the American Convention in connection
with Articles 8 and 25 of the same instrument.
c)
The violation of the right to personal liberty, to personal integrity, to judicial guarantees
and to judicial protection enshrined in Articles 7.1, 7.3, 7.4, 7.5 and 7.6, as well as 5.1 and 5.2, and 8 and
25 of the American Convention, in connection with Article 1(1) of the same instrument 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 personal integrity enshrined in Article 5.1 and 5.2 of the
American Convention, in connection with Article 1(1) of the same instrument to the detriment of Joseph
Desravine and Michel Frances.
e)
The violation of the right to non-discrimination enshrined in Article 24 of the American
Convention, in connection with Article 1(1) of the same instrument, to the detriment of the Haitian victims
executed, the Haitian survivors, and the relatives of the victims executed.
VI.
RECOMMENDATIONS
A.
Based on the foregoing conclusions,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
RECOMMENDS THAT THE STATE OF THE DOMINICAN REPUBLIC,
1.
Make adequate reparations of the human rights violations declared in this report both in
moral and in material terms, including the implementation of a suitable psycho-social care program for the
survivors.
2.
Conduct an investigation under ordinary jurisdiction of the facts relating to the human
rights violations declared in this report, and to conduct impartial and effective investigations within a
reasonable period of time for the purpose of bringing the facts to full light, identifying the intellectual and
material authors and imposing appropriate sanctions.
3.
Impose appropriate administrative, disciplinary or criminal sanctions for the acts or
omissions of state officials that contribute to the denial of justice and impunity regarding the facts in the
case.
4.
Take the necessary measures to make Article 3 of the Military Code compatible with the
American Convention and with inter-American jurisprudence.
5.
Guarantee that domestic migration laws and their application are compatible with the
minimum judicial guarantees established in Articles 7 and 8 of the American Convention.
6.
Adopt the necessary measures to prevent similar incidents from occurring in the future in
accordance with the obligation to protect and guarantee the rights recognized in the American
Convention. Specifically, implement permanent human rights programs in the Armed Forces and National
Police academies.