8
c)
the Dominican Republic has a deportation procedure guaranteeing due
process and individualized treatment of deportation cases. Said procedure
consists of three stages, namely: detention and identification, investigation
and screening, and lastly, verification and confirmation;
d)
before a person is deported, competent authorities establish his
identity and legal status in the State, to distinguish people who are liable to
be deported from those who are not. Persons to be deported are subject to a
final check, before being handed over to Haitian authorities, with Haitian
consul participation;
e)
the Dominican Republic has made a sustained effort in establishing
Haitian repatriation mechanisms with due protection of rights, a commitment
that has been evident in the last few years through a deepening of
cooperative relations between the Dominican government and the Haitian
government, in the signing of different cooperation agreements on this issue;
f)
it is not true that "the life and physical integrity of a large number of
people" are endangered in the Dominican Republic;
g)
the number of repatriated people every month should be analyzed in
the context of the mass immigration of Haitian citizens to the Dominican
territory; even so, statistics of the General Migration Office indicate
repatriations have never reached the 1,000-people figure in any month;
h)
the Dominican Republic has serious difficulties in absorbing an
indefinite and constant number of refugees, by reason of its own limitations,
given this is a problem in need of solution at the global level;
i)
the identity of people in danger of suffering irreparable damage should
be revealed in order to adopt provisional measures; measures taken on behalf
of nameless people would only handicap the Dominican State in exercising its
own right of protecting its border and controlling the legal status of persons
entering its territory or inhabiting it; and
j)
regarding two of the persons mentioned in the Commission's
Addendum of June 13, 2000 (supra 3), Rafaelito Pérez Charles does not
reside nor has resided in the last 51 years in the Community mentioned by
the Commission5, and Berson Gelim does not appear as registered among the
people deported from the Dominican Republic.
Lastly, the State noted the particular circumstances of the other persons named in
said Addendum of the Commission, requested the Court to reject this petition, and
expressed "its willingness to rectify and to bring the people responsible under the
law in any case where there is proof of some excess being committed or a disregard
of rights to the detriment of a foreign national".
15.
The Commission's communication of August 11, 2000, wherein it
a)
challenged the brief submitted by the State at the conclusion of the
public hearing (supra 14);
5
The Commission referred to the Neyba Community, Batey 7.