6
d)
neither the letter nor the spirit of Article 63(2) of the American
Convention prevent or restrain the irreparable damage from being damage to
life, to integrity, or to any other right.
There is, then, a need for
acknowledging that other rights recognized by the Convention should be the
object of a protection similar to the one bestowed, so far, on life and humane
treatment;
e)
the witnesses that appeared at the public hearing before the Court
have justified fears, and the State questioning in said hearing did not allay
said fears; and
f)
the Commission continues to be open to constructive dialogue with
Dominican authorities, with a view to reaching permanent solutions.
12.
State allegations presented in the same public hearing, which are summarized
below:
a)
The Dominican Republic has a deportation procedure guaranteeing due
process and individualized treatment of deportation cases. The State has
very seriously taken the repatriations of Haitian citizens illegally found in its
territory, and for this reason it has made a sustained effort, in cooperation
with the Haitian Government, to increasingly improve repatriation
mechanisms with a spirit of protection of rights. Also, the State recognizes
that any mechanism or procedure has always room for improvement;
b)
migration authorities have publicly and repeatedly invited nongovernment organizations in the Dominican Republic to watch the different
stages of the deportation process, but this call has not been answered by said
organizations;
c)
the Dominican Republic is forced to maintain a permanent return and
expulsion policy, but it must be said that the number of repatriated people is
not even remotely offset by the number of people entering the country
illegally. If this petition were accepted, it would be like tying the hands of a
State that has been striving for four years to make progress in human rights
issues and in its migration problem;
d)
Haiti's problem is a problem of the international community and,
above all, of the richer countries; the Dominican Republic has large economic
limitations, high poverty levels, and cannot by itself carry on its shoulders the
economic, social, environmental, political, institutional, and safety reality lived
by the Haitian people; and
e)
the persons on behalf of which the provisional measures are petitioned
need to be identified; however, the Dominican Republic is in the best
disposition to examine any individual case where there is an alleged violation
of rights, in order to correct any excess that may have happened and take
action in the same context where it is making progress towards improving
repatriation mechanisms.
13.
The statements made by the witnesses during the above-mentioned public
hearing, which are summarized below: