9 Dominican State’s right to protect its border and control the legal status of the persons who enter into its territory or live in it; and j) concerning the persons mentioned in the Commission’s Addendum of June 13, 2000 (supra 3), two of them, Rafaelito Pérez-Charles does not live, nor has he lived for the past 51 years, in the community indicated by the Commission,6 and Berson Gelim is not registered among those deported from the Dominican Republic. Lastly, the State referred to the particular circumstances of the rest of the persons indicated in the cited Addendum of the Commission, requested the Court to reject the current request, and expressed “its willingness to rectify and bring under the law those responsible in connection with any case where it can be ascertained that there was any abuse or ignorance of rights to the detriment of foreigners.” 15. The communication of the Commission of August 11, 2000, whereby it a) objected to the writing submitted by the State upon the closing of the public hearing (supra 14); b) indicated, in response to a matter posed by the President of the Court during the public hearing, that its request for provisional measures was a popular action (actio popularis); and c) requested provisional measures also on behalf of the two witnesses who deposed a the cited public hearing. CONSIDERING: 1. That the Dominican Republic is a State Party to the American Convention since April 19, 1978, and recognized the jurisdiction of the Court, pursuant to Article 62 of the Convention on March 25, 1999. 2. That Article 63(2) of the American Convention provides that “[i]n cases of extreme gravity and urgency, and when necessary to avoid irreparable damage to persons,” the Court may, in matters not yet submitted to its knowledge, at the request of the Commission, adopt such provisional measures as it deems pertinent. 3. That, under the terms of Article 25(1) of the Rules of Procedure of the Court, [a]t any stage of the proceedings involving cases of extreme gravity and urgency, and when necessary to avoid irreparable damage to persons, the Court may, at the request of a party or on its own motion, order such provisional measures as it deems pertinent, pursuant to Article 63(2) of the Convention. 4. That it is an attribute of the Dominican Republic to adopt sovereign decisions concerning its immigration policy, which must be compatible with the human rights protection rules established in the American Convention. 6 The Commission referred to the Neyba, Batey 7, community.

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