international protection was not only to guarantee individual life and personal integrity, but
also to preserve the unity and integrity of the family as a whole.” Accordingly, the
Commission referred to the representatives’ observations concerning the situation of each
family and reiterated its previous observations that “it is evident that they face the same
risk factors due to their close ties to the situation of extreme gravity and urgency that
justified recognizing them as beneficiaries, taking into account the presumed context of
continuous collective expulsions described by the representatives, and the possibility that
the beneficiary families could be separated because they do not have the relevant
documentation to enter or remain in Dominican territory.”
40. Finally, the Commission noted that the information provided by the representatives
reveals that the situation of extreme gravity and urgency that justified the adoption of
provisional measures continues; also, “the current situation in the Dominican Republic in
which hundreds of Haitians and Dominicans of Haitian origin continue to be expelled, using
procedures that do not respect the principle of due process, contributes to the situation of
risk of the beneficiaries, who more than 10 years ago were subjected to this type of
practice.” Consequently, the Commission asked the Court to “issue an order declaring all the
members of the Jean, Medina Ferreras, Gelin, Fils-Aimé and Sensión families beneficiaries of
these provisional measures.”
Considerations of the Court
41. First of all, it should be noted that, based on the provisions of the Convention and the
Rules of Procedure that regulate the adoption of provisional measures (supra Considering
paragraphs 2 and 4), the request by the representatives to extend these measures cannot
be considered because it was not submitted by the Inter-American Commission.
42. However, given that an extension of the provisional measures to the members of the
Medina Ferreras, Gelin, Fils-Aimé, Sensión and Jean families was subsequently requested by
the Commission in its brief of February 17, 2012, the Court shall proceed to examine the
matter.
43. Based on the allegations of the representatives, the Commission considered that the
current context of the Dominican Republic, in which the alleged deportation and expulsion of
Haitians and Dominicans of Haitian origin continues, using procedures that supposedly fail
to respect the principles of due process, which contributes to a situation of risk for the
beneficiaries, remains unchanged. As background information, the Commission mentioned
that, for more than 10 years, the beneficiaries in this case have been subjected to this type
of practice. In addition, it reproduced the information provided by the representatives
concerning the situation of each family.
44. Likewise, in order to justify the request, the Commission stated that the purpose of the
provisional measures in this matter is not only to guarantee the life and personal integrity of
each individual, but also to preserve the unity and integrity of the family as a whole,
because the families are, in fact, in the same situation. Moreover, taking into account the
alleged context of continuing expulsions and deportations, the members of the aforesaid
families could be separated because they do not have the relevant documentation to remain
in or to enter the Dominican Republic. In this regard, it emphasized the importance of the
providing safe conducts to the members of each family, in particular to the new members –
the children. Consequently, from the information received, the Commission considered that
the beneficiaries continue to be in a situation of risk and extreme vulnerability, given the
obstacles associated with obtaining identity documents that would allow them to enter the
Dominican Republic and prevent their expulsion, as applicable, as well as the difficulties in
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