Constitution concerning acquisition of Dominican nationality. The Constitutional Court
ordered, inter alia, “[a] thorough audit of the birth records of the Office of the Civil
Registry of the Dominican Republic from June 21, 1929, to date […] in order to identify
and make a list, either on paper and/or by computer of all the aliens registered in the
birth records of the Civil Registry Office of the Dominican Republic.” Relevant aspects of
this decision will be examined below (infra sections C.5.2 and C.5.3 of Chapter VIII).
180. On November 29, 2013, Decree No. 327-13 170 was issued. According to its article 1,
its purpose was to institute the “National Plan to regularize aliens in an irregular migratory
situation in the Dominican Republic.” Also, on May 23, 2014, Law No. 169-14 171 was
enacted, and its preambular paragraphs indicate that it is founded on the provisions of
judgment TC/0168/13 and establish the “regulariza[tion] of the civil registry records.”
These norms will be examined below (infra para. 320 to 325). On July 23, 2014, Decree
No. 250-14 was issued, regulating Law No. 169-14; it refers to the procedure for
“immigration registration and regularization of the children of foreign parents in an
irregular migratory situation who, having been born on the territory of the Dominican
Republic, do not appear registered in the records of the Office of the Civil Registry.” It
granted persons “subject to the sphere of implementation of the regulation to benefit from
[…] Law 169-14” a 90-day period to submit their application. 172
A.4.2. Legal framework applicable to deprivation of liberty and to expulsion or
deportation procedures
181. Article 8(2) of the 1994 Constitution, in force at the time of the facts, established the
different criteria to be taken into account for deprivation of liberty (infra para. 365).
182. Article 1 of Law No. 5353 on Habeas Corpus of October 22, 1914, 173 in force at the
time of the facts, stipulated that:
Anyone who has been deprived of his liberty for any reason in the Dominican Republic has the
right, either at his own request or that of any other person, unless he has been detained based
on a ruling of a competent judge or court, to a writ of habeas corpus in order to determine the
reasons for his imprisonment or deprivation of liberty and so that, in the appropriate cases, his
liberty is restored.
The writ of habeas corpus may be requested, issued and delivered at any time; but the case will
not be examined until a working day or a day specially authorized to this end.
183. Furthermore, article 2 of Law No. 5353 established that the application for the writ
“must be made in writing, signed by the person whose liberty is at issue, or on his behalf
by another person, and must be presented to any of the judges [of the categories listed in
article 2]” and, pursuant to article 3 of this law, should include the following elements:
a) Statement that the person in whose favor the writ is requested is imprisoned or deprived of his
liberty; the location of the prison, arrest or detention; the name or title of the official, employee
or person who imprisoned him or deprived him of liberty; that of the prison guard, employee,
officials, agent or officers who are in charge of the prison, barracks or place where he is
imprisoned, detained or arrested.
170
Decree No. 327-13 of November 29, 2013 (file of preliminary objections, merits and reparations, fs. 3776
to 3794). Presented by the State as a “supervening fact” on June 9, 2014 (supra para. 13).
171
Law No. 169-14 of May 23, 2014 (file of preliminary objections, merits and reparations, fs. 3799 to 3808).
Presented by the State as a "supervening fact" on June 9, 2014 (supra para. 13).
172
On August 13, 2014, Dominican Republic forwarded the implementing regulations to Law No. 169-14
(Decree No. 250-14) to the Court, without referring to this case (supra para. 146).
173
Law No. 5353 on Habeas Corpus of October 22, 1914 (file of annexes to the answering brief, fs. 5679 to
5688).
60
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