Virginia Nolasco and Ana Lidia Sensión. 242 Some of the members of this family, for
example, Reyita Antonia Sensión, were unable to collect this document. 243
B.2.5. Rafaelito Pérez Charles
220. Rafaelito Pérez Charles was born in the Dominican Republic on August 18, 1978, and
has a Dominican identity card. 244 His parents are Clesineta Charles (supra para. 95) and
Rafael Pérez. 245 The State indicated that Mr. Pérez Charles is a Dominican citizen,
according to information that appears in its civil registers; therefore, it had no objection to
replacing the corresponding documentation, either the birth certificate or the identity
card. 246
221. On July 24, 1999, 247 Mr. Pérez Charles was arrested by several immigration agents
when he was leaving his place of work. The officials asked him for his documentation and
he told them that it was at his home and asked to be given the opportunity to go and
fetch it; but the officials did not permit this. The officials then made him board a
“guagua,” in which there were a large number of people, and he saw how the officials hit
some of them. The Dominican authorities took them to a detention center “where there
were many Haitians there, prisoners,” and then the authorities transported them to
Jimaní, from where they were expelled to Haitian territory. During the transfer they were
not given food or water. When Rafaelito Pérez Charles reached Haiti, he met a man who,
after being paid, helped him to return on foot to the Dominican Republic; once there, he
walked for several days until he reached his home again. Due to the expulsion, he lost his
job in the sugar mill. 248 He is living with the fear that he will be expelled again. 249
According to Rafaelito “they arrest you because you are dark, because you are black.” 250
The State noted that there is record of his deportation. 251
242
Cf. Safe-conducts of Antonio Sensión, Ana Virginia Nolasco, and Ana Lidia Sensión, issued on April 7, 2010
(file of annexes to the motions and arguments brief, annex B07, f. 3522).
243
Affidavit made by Antonio Sensión.
244
Cf. Identity card of Rafaelito Pérez Charles (file of annexes to the Merits report, annex 36, f. 296); birth
certificate of Rafaelito Pérez Charles, and Affidavit made by Rafaelito Pérez Charles on September 29, 2013 (file
of preliminary objections, merits and reparations, f. 1737).
245
Cf. Birth certificate of Rafaelito Pérez. The sheet with general information on Rafaelito Pérez Charles and
his birth certificate note that his mother is Clesineta Charles and that his father is Rafael Pérez.
246
Cf. Report of the Dominican Government on the measures adopted to comply with the Commission’s
recommendations in relation to this case issued by the Permanent Mission of the Dominican Republic to the
Organization of American States on July 6, 2012 (file of annexes to the Merits report, f. 216). Also, a note of the
Central Electoral Board of July 5, 2012, reported that it attached the “printout from the master list of identity
documents and of the birth declaration of Rafaelito Pérez Charles, which show that they are free of any
impediment” and provided a certification of the Central Electoral Board from the master list of identity documents
dated July 4, 2012 (file of annexes to the Merits report, fs. 2171, 2172 and 2199).
247
Cf. Affidavit made by Rafaelito Pérez Charles, and statement made by Rafaelito Pérez Charles to Columbia
University of January 10, 2001 (annexes to the Merits report, annex 37, fs. 298 and 299), in which he stated that
the expulsion was on July 24, 1999.
248
Cf. Affidavit made by Rafaelito Pérez Charles. In this statement he indicated that he walked for a week to
reach his home. However, in the statement made on January 10, 2001, to Columbia University, he indicated that
it was four days.
249
Affidavit made by Rafaelito Pérez Charles.
250
Cf. Affidavit made by Rafaelito Pérez Charles.
251
Cf. Certification issued by the National Prisons Directorate on February 4, 2013 (file of annexes to the
answering brief, f. 6220); Note No. 044-13 issued by the General Directorate of Immigration of the Ministry of
the Interior and Police, noting that there is no record of the deportation of Rafaelito Pérez Charles, among other
persons mentioned on a list.
73
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