deprived of their liberty by the State agents indicates that this was due to racial profiling
related to the fact that they apparently belonged to the group of Haitians or Dominicans of
Haitian origin or descent (supra para. 168 and infra paras. 403 and 404), which is
evidently unreasonable and therefore arbitrary and thus violated Article 7(3) of the
Convention. Consequently, the Court finds that the deprivations of liberty were illegal and
arbitrary and that the State violated paragraphs 2 and 3 of Article 7 of the Convention.
B.2.1.2. Notice of the reasons for the deprivations of liberty (Article 7(4))
369. With regard to Article 7(4) of the American Convention, the Court has stated that
“the facts must be examined in relation to domestic law and the provisions of the
Convention, because the information on the ‘reasons’ for the detention must be provided
‘promptly’ at the time of the detention, and because the right contained in that paragraph
entails two obligations: (a) the need for written or oral information on the reasons for the
detention, and (b) notice, in writing, of the charges.” 427
370. In the case sub judice, both Immigration Law No. 95 and Immigration Regulations
No. 279 require that aliens detained for deportation purposes be informed of the specific
reasons why they must be deported. According to the Immigration Regulations, the
specific charges against them had to be included in the arrest warrant issued by the
Director General of Immigration. However, as indicated above, the established facts do
not reveal that the members of the Medina, Fils-Aimé and Jean families, Rafaelito Pérez
Charles and Bersson Gelin were ever informed of the reasons for the deprivation of their
liberty, either orally or in writing. Moreover, there is no document proving that they were
advised in writing about the existence of any kind of charge against them, as required by
the domestic laws in force at the time of the facts. This leads to the conclusion that the
State failed to observe the guarantee established in Article 7(4) of the Convention.
B.2.1.3. Presentation before a competent authority (Article 7(5))
371. With regard to Article 7(5) of the Convention, which establishes that any person
detained shall be brought promptly before a judge or other officer authorized by law to
exercise judicial functions, the Court has underlined that “it is for the judge to guarantee
the rights of the detainee, to authorize the adoption of precautionary or coercive
measures when strictly necessary, and to ensure, in general, that the detainee is treated
in a manner consistent with the presumption of innocence,” as a “guarantee to avoid
arbitrary or illegal detention, 428 as well as to ensure the rights to life and to personal
integrity.” 429
authority, such as the Immigration Inspector, nor were they given the opportunity to respond to the charges
supposedly set forth in the arrest warrant, pursuant to this regulation. To the contrary, there is no evidence that
the presumed victims were ever informed of the reasons for their arrest or detention, either orally or in writing,
or that they were able to contest their detention, in evident violation of the Immigration Law and the
Immigration Regulations. The Court also observes that the authorities did not comply with the obligation to
record the information on the aliens arrested or detained for the purpose of their deportation. This information
was not recorded on the “G-1 form” established in section 10.d) of the Immigration Regulations. Lastly, the
transfer of those who were detained to the border with Haiti without a reasoned order contravened the
prohibition to transfer detainees from a prison to another place without a reasoned written order from the
competent judicial authority established in article 8.2.f) of the 1994 Constitution.
427
Cf. Case of Cabrera García and Montiel Flores v. Mexico. Preliminary objections, merits, reparations and
costs. Judgment of November 26, 2010. Series C No. 220, para. 106, and Case of J. v. Peru, para. 149.
428
135.
Case of Bulacio v. Argentina, para. 129, and Case of Nadege Dorzema et al. v. Dominican Republic, para.
429
Case of Tibi v. Ecuador. Preliminary objections, merits, reparations and costs. Judgment of September 7,
2004. Series C No. 114, para. 118, and Case of Nadege Dorzema et al. v. Dominican Republic, para. 135.
120
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