10 a) Rafaelito Pérez Charles The Commission assured he was born and raised in the Batey seven Community, Neyba, Dominican Republic; he has been forcefully deported once without being given the chance to prove his Dominican nationality; and he is currently not living in the Batey seven Community because he is under the fear of being deported again, as well as fear for his life because of his complaint to the Commission. It said the assumed Government officials who visited the above-mentioned Community were told Rafaelito Pérez Charles was born, was raised, and was living until very recently in the Batey seven and that the Government based its allegation regarding Rafaelito Pérez Charles on the alleged statement by Adolfo Encarnación, who has denied what has been affirmed by the State. It attached copies of depositions by Rafaelito Pérez Charles' mother, Ms. María Esthel Medina Matos, the First Puisne Mayor of the Batey seven Community, Mr. Eristen González González, and the Second Puisne Mayors of the Batey seven Community, Messrs. Adolfo Encarnación and Saint Foir José Louis. b) Berson Gelim The Commission repeated that Dominican authorities do not keep an adequate control on the "arbitrary deportations and expulsions" they carry out, and for this reason Berson Gelim, among many other "victims of this policy", does not appear as registered in the official immigration minutes. It attached two depositions signed personally by him, the last one taken on June 26, 2000, with the purpose of updating the petition for provisional measures "proving that Berson Gelim was arbitrarily expelled from the Dominican Republic". Finally, the Commission requested the Court to "urgently adopt the following provisional measures": a. [t]o order the State of the Dominican Republic to refrain from deporting or expelling Rafaelito P��rez Charles from its territory; b. [t]o order the State of the Dominican Republic to allow the immediate return of Berson Gelim to its territory and to let him meet with his son, whom he has not seen since he was expelled; c. [t]o request from the State of the Dominican Republic the adoption of the necessary measures to protect the life and personal integrity of Rafaelito Pérez Charles and Berson Gelim; [and] d. To request the State of the Dominican Republic to adopt the necessary measures so that Rafaelito Pérez Charles, Berson Gelim, and the other individualized victims may file their complaints and make their statements, both nationally and internationally, without pressures or retaliations. 18. The Secretariat of the Court's note of September 1, 2000, wherein, following instructions of the President, it requested the Dominican Republic to urgently send its remarks to the brief of the Commission of August 31, 2000, by no later than September 12 of the same year. The State did not submit comments to said brief within the prescribed period. CONSIDERING: 1. The Dominican Republic is a State Party to the American Convention since April 19, 1978, and acknowledged the Court's jurisdiction, pursuant to Article 62 of the Convention, on March 25, 1999.

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