alleged raids and deportations “take place at night or at weekends, due process is not
respected, those detained cannot communicate with their families or legal representatives
and there is no complete and comprehensive list of those detained to enable their families
to assist them and/or find them.” Also, they stated that “amendments to the law are leaving
more and more Dominicans of Haitian origin without documents and also contemplate
automatic deportation.” According to the representatives, these laws “have a direct impact
on the families that are parties to the instant matter, particularly those members who do
not have a safe conduct or other identity document that indicates their right to be in the
country. These individuals, including their newborns, are at risk of being victims of fresh
expulsions, putting the family at risk of being separated once again.”
37.
The representatives also referred to the situation of each family, providing a general
description of its composition (supra Considering paragraph 35), the situation of poverty of
the Sensión and Jean family, who live in the bateyes characterized by a large immigrant
population with high levels of exclusion, violence and crime and where the General
Directorate of Immigration frequently carries out raids, mass detentions and deportations.
They added that, due to the lack of identity documents, some members of the families
“without a safe conduct would not have any type of documentation to guarantee their right
to freedom of movement and residence in the country.” Consequently, they argued that
“[i]n this context, they are at greater risk of becoming victims of raids and deportations
given the extreme brutality of the security forces in the bateyes.” In addition, they stated
that the Medina Ferreras, Gelin and Fils-Aimé families continued to live in the border town
of Anse-a-Pitre, in conditions of precariousness and extreme poverty. Regarding the Jean
family, they indicated that its members live in a bateye in the Dominican Republic and have
safe conducts granted by the State; according to the representatives, this prevented
Markenson, the eldest son of the family, from possibly being removed and abandoned on
the other side of the border, in Haiti, in December 2011, when he was detained during a
police raid in the area. Finally, they indicated that “[t]he Court has not referred to the Jean
family in its previous orders. Nevertheless, the State has granted them safe conducts, and
they asked for the extension of the measures.”
38.
The representatives argued that the measures should be extended to all members of
the families, for the purpose of: (a) protecting the family unit: the safe conducts help
prevent a person from being deported or expelled and, therefore, should be granted to all
the members of the family; (b) implementing the preventive nature of the measures: until
the matter being processed before the Commission is decided, the victims in case No.
12,271 being processed before the Commission continue to live in a situation of extreme
vulnerability and latent threat, and (c) the parties have considered the family unit as the de
facto beneficiary of the measures. In addition, they indicated that some family members do
not have safe conducts, because: (a) they were unable to attend the meetings at which safe
conducts were handed out, or (b) they are new members who joined the family after the
last meeting at which safe conducts were handed out. Finally, they reiterated the situation
of extreme gravity and urgency facing the members of the aforesaid families, who appear
on the list of victims in case No. 12,271 before the Commission, and they requested that
the State comply with its commitment to grant safe conducts to all the family members who
do not have them.
39.
In view of the representatives’ application for an extension of the measures, the
Commission was asked to refer to this request. In its brief of February 17, 2012, the
Commission reiterated that “those who maintain a fluid contact with the beneficiaries and
represent their direct interests are the representatives, for which reason the Commission,
based on the information they have provided, will proceed to make its observations.” In this
regard, it considered that, in this matter, “one the elements considered in granting
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