2
d)
"expulsions" are made through collective raids, without any legal
procedure to adequately identify the nationality of "expelled" people, nor their
migratory status nor their family ties; they are simply separated from their
homes, without warning, without letting them take their belongings.
Migration authorities select people to be deported on the basis of the color of
their skin;
e)
petitioners estimate that over 20,000 individuals were "expelled or
deported" during November 1999. Dominican authorities use excessive force
to make sure the alleged victims obey their orders, including sexual abuse of
women; children suffer psychological damage, fear prevents them from
leaving their homes, women of "deported" men have to survive without
anything;
f)
on December 3, 1999, the Governments of Haiti and the Dominican
Republic signed an agreement by which the latter bound itself to notify
Haitian authorities about any act of deportation of a Haitian national, an
agreement that, according to petitioners, has not been complied with by the
State; and
g)
the practice of "deportations" and "expulsions" affects two groups:
both legal and illegal Haitian and Haitian-origin Dominican workers residing in
the Dominican territory;
and, based on the above, it petitioned the Court to
[…] adopt the provisional measures for the State to…suspend mass expulsionsdeportations imposed on Haitians and Haitian-origin Dominicans by Dominican
authorities, because they risk the life and physical integrity of deported people, as well
as their separated relatives, particularly children under age who are left abandoned [;]
[…] adopt the provisional measures for the State to establish procedures for the
discernment of cases where deportation is not appropriate from those where it is fit. In
the case it is proper to expel or deport people who are in Dominican territory,
requirements of the due process should be fully met, including minimum period of
notice, access to family members, adequate hearings, and decisions legally adopted by
competent authorities. In any case, deportations shall be done individually, not en
masse.
3.
The brief of the Commission of June 13, 2000, wherein it submitted an
Addendum to its petition for provisional measures (supra 1) and reported that it had
learned about the identity of some of the alleged victims, who had consented to be
named in the context of the petition. Thus, the Commission described some of the
specific circumstances of Messrs. Benito Tide Mendez, Rafaelito Perez Charles,
Antonio Sension, Janty Fils-Aime, Berson Gelim, William Medina Ferreras1 and Ms.
Andrea Alezy, as well as those of some of their relatives, and petitioned the Court for
the adoption of the necessary measures to
[a]llow the immediate return of the above-mentioned individuals who are currently in
Haiti2;
1
His real name is Wilner Yan, according to the State brief of August 8, 2000, accompanied by the
Attachment of July 19, 2000, of the Director General of Migration of the Dominican Republic, submitted at
the conclusion of a public hearing held before the Inter-American Court on August 8, 2000.
2
According to the Commission’s brief, Ms. Andrea Alezy and Messrs. Janty Fils-Aime, Berson Gelim,
and William Medina Ferreras were "expelled" or "deported" from the Dominican Republic and are currently
in Haiti.