189. In addition, section XIII of Immigration Regulations No. 279 of May 12, 1939, on
deportation, stipulated:
Immigration inspectors and officials who act in this capacity shall conduct a complete
investigation of any alien, whenever there are reliable reports or there is any reason to believe
that the alien is in the Republic in violation of the Immigration Law. If the investigation reveals
that the alien should be deported, the Immigration Inspector will request the General Directorate
of Immigration for an arrest warrant. The request for the warrant must indicate the facts and
specific reasons why the alien should be deported. […]
The information regarding the alien shall be recorded on form G-1, when he is heard, unless it
has been recorded previously. If the alien accepts any of the charges that make him liable to
deportation, a memorandum to this end shall be prepared and shall be signed by the Inspector
and also the alien, if possible. If the alien does not accept any of the charges in the arrest
warrant, evidence to support the charges shall be sought, the alien shall be summoned again,
and be given another opportunity to make a statement, as well as to introduce evidence
contesting his deportation. In cases relating to the entry of an alien into the Republic, the alien
shall have the burden of proof to demonstrate that he entered legally and, to this end, the alien
shall have the right to an arrival declaration, as appears in any record of the Immigration
Department.
After the hearing, the relevant information shall be sent by the Immigration Inspector to the
Director General of Immigration for consideration and a decision by the Secretary of State for
Internal Affairs and Police. If a deportation order is issued, the alien shall be deported, unless the
Secretary of State for Internal Affairs and Police decides to grant him the opportunity to leave the
country voluntarily within a certain period, and the alien does this. If the Secretary of State for
Internal Affairs and Police finds that the alien should not be deported, the proceedings shall be
annulled.
In cases of deportation under articles 10(1) and 13(3) of the Immigration Law, the deportation
may be decided by the Secretary of State for Internal Affairs and Police or by the Director General
of Immigration, unless otherwise decided by the Secretary of State in the case in question
without the need for the requirements indicated in the three preceding paragraphs of this section.
The corresponding order shall be communicated to the alien who has violated the Immigration
Law and to all the police authorities to ensure its implementation.
190. Meanwhile, the Memorandum of Understanding on repatriation mechanisms signed
by the Dominican Republic and the Republic of Haiti on December 2, 1999, 175 also
applicable at the time of the facts, established the following:
The Haitian Government recognizes that the Dominican Government has the legitimate right to
repatriate Haitian citizens who are in Dominican territory illegally and, to this end, both parties
agree the following to improve the procedure for these repatriations:
a) The Dominican immigration authorities undertake not to carry out repatriations during night
hours; that is, between 6:00 p.m. and 8:00 a.m., also, they will not carry out repatriations on
Sundays and the official holidays of the two countries, except between 8:00 a.m. and 12:00 m.
b) The Dominican immigration authorities shall avoid the separation of family units (parents and
underage children) in the repatriation procedures.
c) The Dominican immigration authorities undertake to carry out any repatriations to Haitian
territory exclusively through the border posts of Jimaní/Malpasse, Dajabón/Ouanaminthe, Elías
Piña/Belladere, and Pedernales/Anse-à-Pitres. For its part, the Haitian Government undertakes to
reinforce and/or establish immigration inspection posts at these border points that will receive
those repatriated.
d) The Dominican immigration authorities recognize the inherent human rights of those
repatriated and shall adopt specific measures to ensure that they are accompanied by their
personal effects, and shall not retain their personal documents, unless, in the opinion of these
authorities, they reveal legal defects, in which case they shall be retained and subsequently
forwarded to the Haitian diplomatic mission in the Dominican Republic.
e) The Dominican immigration authorities shall hand every person repatriated a copy of the
individual form with the order for his repatriation.
f) The Dominican immigration authorities undertake to inform the Haitian diplomatic or consular
authorities accredited in Dominican territory, with reasonable advance notice, of the list of
persons in the process of being repatriated. These authorities may exercise their function of
175
Memorandum of Understanding on repatriation mechanisms signed by the Dominican Republic and the
Republic of Haiti on December 2, 1999 (file of annexes to the motions and arguments brief, annex A17, fs. 3320
to 3322 and file of annexes to the answering brief, fs. 5676 to 5678).
62
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos