45
proceeding regarding immigration, the Commission has established that although Article 8 of the
Convention “does not specify minimum guarantees in matters relating to the determination of civil, labor,
fiscal, or any other type of rights or obligations, the minimum guarantees established in subparagraph 2 of
the same article also apply in those areas and, therefore, in those areas, the individual has the right to
206
due process in the same terms as if it were a criminal matter as long as it applies to the proceedings.” .
Furthermore, the Inter-American Court has considered that migrants are in a situation of true inequality207
that could affect due process unless special measures are adopted to compensate for their situation of
vulnerability. In the instant case, the State has not provided any evidence to establish that the guarantees
enshrined in Articles 8 and 25 of the American Convention have been applied.
191.
On the other hand, the Commission considers that the incidents that occurred
immediately following the pursuit lead to the conclusion that the Dominican State, in addition to having
violated the right to personal liberty of Joseph Pierre, Selafoi Pierre, Silvie Thermeus, Roland Israel, Rose
Marie Dol, Josué Maxime, Michel Florantin, Cecilia Petithomme/Estilien, Sonide Nora, Alphonse Oremis,
Renaud Timat and Honorio Winique, also violated their right to personal integrity for the fear, it is
reasonable to infer, they felt when after having survived the pursuit and the shooting, they were forced to
pick up the dead and the critically injured; also, for having been detained by State agents not knowing
where they were going; for being taken to two jails without being informed of their rights or what was
awaiting them, and for being threatened with forced labor and for not being afforded minimum judicial
guarantees.
192.
Based on the foregoing considerations, the Inter-American Commission concludes that
the Dominican State violated the right to personal liberty, to personal integrity, to judicial guarantees, and
to judicial protection established in Articles 7, 5.1 and 5.2, and 8 and 25 of the American Convention in
connection to Article 1(1) of the same instrument to the detriment of Joseph Pierre, Selafoi Pierre, Silvie
Thermeus, Roland Israel, Rose Marie Dol, Josué Maxime, Cecilia Petithomme/Estilien, Sonide Nora,
Alphonse Oremis, Renaud Timat and Honorio Winique.
193.
On the other hand, with regard to the injured Joseph Devraine, the IACHR observes that
although the petitioners allege that he was included in the group of persons detained, the testimony in the
case file states that “he was not in the group of persons sent to Dajabón,” because he was injured and he
was taken to the hospital from where “he was able to fle[e].” The evidence in the case file also shows that
Francois Michel was also taken to the hospital and, days later, gave testimony under military
jurisdiction.208 Based on the foregoing, the IACHR notes that there is not enough information in the case
file about what may have happened with both persons after they were taken to the hospital, therefore, the
Commission will not address the rights protected in Articles 7, 8 and 25 of the American Convention in
reference to them.
6.
Right to equality before the law and to non discrimination (Articles 24
209
and 1(1))
194.
The American Convention prohibits discrimination of any kind, a concept that includes
unjustified distinctions based on race, color, social or national origin, economic status, birth or any other
social condition. In that regard, the Commission has stated that “non discrimination, together with equality
…continuación
56/06
(admissibility),
Case
No.
12.562,
par.
51
(July
20,
2006),
available
at
http://www.cidh.oas.org/annualrep/2006sp/EEUU8.03sp.htm; IACHR, Loren Laroye Riebe Star, Jorge Alberto Barón Guttlein and
Randolfo Izal Elorz vs. Mexico, Report No. 49/99, (merits), Case No. 11.610, par. 46 (April 13, 1999), available at
http://www.cidh.oas.org/annualrep/98span/Fondo/Mexico%2011.610.htm.
206
IA Court H.R., Case Ivcher Bronstein vs. Peru. Judgment of February 6, 2001. Series C No. 74, par. 103.
207
Inter-American Court of Human Rights, Juridical Status and Rights of Undocumented Migrants, Advisory Opinion OC18/03, par.121 (September 17, 2003), available at http://www.corteidh.or.cr/docs/opiniones/seriea_18_esp.pdf.
208
Medical certificate of June 23, 2000 of Francois Michel, who exhibited “Dx. Open fracture type (III) left tibial region.”
State document dated September 20, 2010. Annex. Said person provided testimony in the investigation under military jurisdiction on
June (illegible), 2000. State document dated September 20, 2010 Annex. Interrogation of Michel Frances, in preliminary
proceedings of the Court Martial of First Instance, July 17, 2000, Petitioners’ document dated May 5, 2009, Annex 12.
209
Article 24. All persons are equal before the law. Consequently, they are entitled, without discrimination, to equal
protection of the law.