23
111.
In 1998, immigration officials began a sweep in Villa Faro, the Dominican Republic, and
in the process arrested Mr. Jean and expelled him to Haiti. When he was left on the other side of the
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border, Mr. Jean boarded a truck carrying migrant workers and returned to the Dominican Republic.
112.
On December 1, 2000, at around 7:30 a.m., four uniformed immigration officials
announced themselves by beating on the door of Mr. Jean’s home. When Mrs. Mesidor, who was
pregnant at the time, opened the door, the officials ordered her out of the house. They refused to allow
84
Mrs. Mesidor to bathe and ordered her to board a minibus that was waiting outside.
113.
The four children of Mr. Jean and Mrs. Mesidor -McKenson, Victoria, Miguel and
Nathalie- were also taken to the minibus. The officers asked if there was someone else inside the home
85
and little Victoria said that her father was under the bed. Mr. Jean asked to be allowed to put his shoes
86
on, but was told no and ordered onto the bus barefoot and in his pajamas.
114.
The Jean family was boarded onto a minibus and taken as far as the Jimaní/Malpasse
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border crossing and left on the Haitian side at around 4:00 p.m.
115.
Mr. Jean was working in construction and was paid every 15 days. At the time of his
arrest, Mr. Jean had 1000 pesos coming to him. When they left the Dominican Republic, the Jean family
lost a number of their belongings: a table and chairs, a refrigerator, clothing, beds, a tank of fuel, shelves
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and a radio.
116.
In March 2002, the Jean family received safe-conducts as a result of the agreement
reached in working out the provisional measures with the Court. The safe-conducts were renewed in
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2010.
C.
Situation of the alleged victims subsequent to the expulsions and affected family
members
117.
According to the information supplied by the representatives, in 2007 Mr. Tide Méndez
was living with his brother in a humble one-room home in a slum in Santo Domingo, the Dominican
83
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.
84
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. 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.
85
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. 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.
86
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. 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.
87
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. 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.
88
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. 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.
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Annex 41. Annex AT of the observations on the merits presented by the petitioners on April 16, 2009.