22
authorities later took Mr. Pérez Charles and other detained persons to the Jimani/Malpasse border
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crossing, where they were forced to cross into Haiti.
106.
When Mr. Pérez Charles arrived in Haiti, he met a man who offered to take him back to
the Dominican Republic for 50 pesos. Mr. Pérez Charles paid him and returned to Jimaní. From there he
walked a distance of 50 or 60 kilometers over a period of four days before reaching his home in
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Barahona.
107.
His expulsion separated Mr. Pérez Charles from his mother and two brothers for five
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days. He fell ill upon his return to Barahona and lost his job.
108.
The State observed the following: “we went to the [indicated] address. According to the
mayor of that community, Adolfo Encarnación, and other locals, no one by the name of Rafaelito Pérez
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Charles had lived in that community for the last 51 years.”
Subsequently it reported that “the Central
Board of Elections of the Dominican Republic certifies that the Rafaelito Pérez Charles who is the bearer
of the indicated identification document, is the son of Mr. Rafael Pérez and Mrs Clerineta Charles,
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identification No. 020-0004895-5…”.
8.
Víctor Jean, Marlene Mesidor, McKenson Jean, Victoria Jean, Miguel Jean, Nathalie
Jean
109.
Although the Jean family was not mentioned by name in the Admissibility Report on this
case, the Commission notes that the information on the situation of these people was supplied to the
Commission starting in 2002 and forwarded to the State thereafter. The Commission notes that during
the friendly settlement process both parties regarded the Jean family as victims in this case and that the
State granted them safe-conducts in the context of the implementation of the provisional measures
ordered by the Court, even though the members of the Jean family were not expressly recognized as
beneficiaries of such measures.
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110.
Mr. Jean was born in Jimaní, the Dominican Republic, on April 13, 1958. Mr. Jean was
living with his family in Villa Faro, the Dominican Republic. The family was composed of Mrs. Marlene
Mesidor, born in Jeremie, Haiti, and their four children: McKenson, Victoria, Miguel and Nathalie, who as
of December 1, 2000, were 8, 6, and 6 years old, and four months old, respectively. Victoria, Miguel y
Nathalie were born in the San Lorenzo de los Mina Maternal Infant Center, Santo Domingo, Dominican
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Republic.
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Annex 37. Sworn statement given by Rafaelito Pérez Charles in the presence of the Human Rights Clinic of Columbia
University School of Law on January 10, 2001. Attachment to the information supplied by the petitioners on January 30, 2002.
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Annex 37. Sworn statement given by Rafaelito Pérez Charles in the presence of the Human Rights Clinic of Columbia
University School of Law on January 10, 2001. Attachment to the information supplied by the petitioners on January 30, 2002.
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Annex 37. Sworn statement given by Rafaelito Pérez Charles in the presence of the Human Rights Clinic of Columbia
University School of Law on January 10, 2001. Attachment to the information supplied by the petitioners on January 30, 2002.
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Annex 6. Report of the Secretariat of State of the Interior and Police. Office of the Director General for Immigration.
July 19, 2000, attachment to the brief submitted by the State on August 8, 2000.
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Annex 38. The Dominican State’s thirtieth report on compliance with the provisional measures ordered by the I/A Court
H.R. in the Matter of Haitians and Dominicans of Haitian Origin in the Dominican Republic, September 8, 2006.
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Annex 39. Statement given by Victor Jean in the presence of the Human Rights Clinic of Columbia University School of
Law on January 11, 2001. Attachment to the petitioners’ observations of January 30, 2002.
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Annex 40. Statement given by Marlene Mesidor in the presence of the Human Rights Clinic of Columbia University
School of Law on January 11, 2001. Attachment to the petitioners’ observations of January 30, 2002.