15 3) All persons born in the national territory, with the exception of the children of members of foreign consular and diplomatic missions, aliens in transit or residing illegally in Dominican territory. Person is considered in transit when defined as such in Dominican law.22 B. Expulsion of the alleged victims and their situation 1. Benito Tide Méndez 70. Mr. Benito Tide Méndez was born in Batey Siete, Barahona, Dominican Republic, on 23 April 24, 1979. His Dominican identification card bears the number 020-0014175-0. 71. In 1998, when he was 19 years old, Mr. Tide Méndez was stopped by three Dominican immigration officers as he was on his way home, walking down Charles de Gaulle Street in Santo Domingo, the Dominican Republic. When he was stopped, the immigration officers asked him if he was a Haitian, to which he replied that no, he was Dominican. He then showed them his Dominican birth 24 certificate, which one of the officers tore up. 72. Mr. Tide Méndez was forced to board a truck and was taken to Elías Piña military base in the Dominican Republic, along with other persons. There, the officials tried to take the money he had with him, which was his salary from his work in the construction business. Because Mr. Tide Méndez refused to hand over his money, the officers beat him on the shoulder and the left hand with the handle of a machete. Mr. Tide Méndez was then taken to the border and forced to cross over into Haiti. As he was crossing the border, someone robbed him of the money he was carrying. Mr. Tide Méndez knew no one in Haiti, so he had to live on the street. As a result of his expulsion, Mr. Tide Méndez lost his job as a construction worker; he also lost his clothing and the other personal effects that he had at his home in 25 Santo Domingo. 73. Two months after his expulsion, Mr. Tide Méndez met Ms. Rosa Félix, whom he know from Batey Siete. She contacted his mother, Mrs. Carmen Méndez. One night, Mr. Tide Méndez and Carmen Méndez crossed over the border into the Dominican Republic walking, by way of the Pedernales 26 border crossing. 74. Upon his return to the Dominican Republic, Mr. Tide Méndez filed an application with the Civil Records Office to get a new copy of his birth certificate. He then went to the Central Board of Elections, where he applied for and obtained his identification card No. 020-0014175-0. In March 2002, Mr. Tide Méndez obtained a safe-conduct as a consequence of the agreement reached in the context of 27 the provisional measures granted by the Inter-American Court. 75. On March 28, 2007, Mr. Tide Méndez attempted to replace his Dominican identification document (which he had lost). Although he gave his name, identification number and a copy of the previous identification document and paid the necessary fee, he was told that he was under investigation 22 Available at: http://pdba.georgetown.edu/Constitutions/DomRep/vigente.html. 23 Annex 2. Photocopy of Benito Tide Méndez’ Dominican identification document No. 020-0014175-0. Attachment to the petitioners’ observations of January 30, 2002. Annex X of the petitioners’ observations on the merits, dated April 16, 2009. 24 Annex 3. Statement made by Benito Tide Méndez in the presence of the Human Rights Clinic of Columbia University School of Law, January 10, 2001. Attachment to the petitioners’ observations of January 30, 2002. 25 Annex 3. Statement made by Benito Tide Méndez in the presence of the Human Rights Clinic of Columbia University School of Law, January 10, 2001. Attachment to the petitioners’ observations of January 30, 2002. 26 Annex 3. Statement made by Benito Tide Méndez in the presence of the Human Rights Clinic of Columbia University School of Law, January 10, 2001. Attachment to the petitioners’ observations of January 30, 2002. 27 Annex 4. Photocopy of the safe-conduct issued to Benito Tide Méndez. Annex Z of the petitioners’ observations on the merits, dated April 16, 2009.