37 [p]rogrammed and collective arrests, which are not well-founded on the individualization of punishable acts and that lack judicial control, are contrary to the presumption of innocence, they wrongfully coerce personal liberty and they transform preventive detention into a discriminatory 161 mechanism, reason for which the State may not perform them under any circumstance. 173. The petitioners claimed that the alleged victims were deprived of their liberty, were not informed of a deportation proceeding against them or of the reasons why they were arrested; nor were the alleged victims immediately brought before a judge or competent authority who could examine the lawfulness of their detention. The State submitted no specific arguments on this point; instead it made reference to the three stages of the current repatriation process. 174. The Commission observes that based on the facts established, State agents, acting in violation of the Constitution of the Dominican Republic and the laws that apply to cases of repatriation, arbitrarily detained Benito Tide Méndez, William Medina Ferreras, Lilia Jean Pierre, Wilda Medina, Luis Ney Medina, Carolina Isabel Medina, Jeanty Fils-Aime, Janise Midi, Nene Fils-Aime, Diane Fils-Aime, Antonio Fils-Aime, Marilobi Fils-Aime, Endry Fils-Aime, Juan Fils-Aime, Andren Fils-Aime, Berson Gelin, Ana Virginia Nolasco, Ana Lidia Sensión, Reyita Antonia Sensión, Andrea Alezy, Rafaelito Pérez Charles, Víctor Jean, Marlene Mesidor, McKenson Jean, Victoria Jean, Miguel Jean and Nathalie Jean. At the time of their arbitrary detention, no warrant from a competent authority had been issued for their arrest and no administrative or judicial proceedings had been instituted against them. 175. Furthermore, based on the information available, when they made the arrests the agents of the State failed to show a warrant for the alleged victims’ arrest, did not inform them of the charges against them that were the grounds for their arrest, and did not provide them with any information suggesting that their legal status in the country was being questioned. Similarly, it has also been shown that the alleged victims were deprived of their liberty either on public thoroughfares or at their homes. 176. The Commission has taken as fact that following their detention, the alleged victims were not brought before a judge or any other authority who might corroborate the legality of their detention. 177. Consequently, the IACHR concludes that the State violated the right to personal liberty protected under Article 7 of the Convention, in relation to the obligation established in Article 1(1) thereof, to the detriment of Benito Tide Méndez, William Medina Ferreras, Lilia Jean Pierre, Wilda Medina, Luis Ney Medina, Carolina Isabel Medina, Jeanty Fils-Aime, Janise Midi, Nene Fils-Aime, Diane Fils-Aime, Antonio Fils-Aime, Marilobi Fils-Aime, Endry Fils-Aime, Juan Fils-Aime, Andren Fils-Aime, Berson Gelin, Ana Virginia Nolasco, Ana Lidia Sensión, Reyita Antonia Sensión, Andrea Alezy, Rafaelito Pérez Charles, Víctor Jean, Marlene Mesidor, McKenson Jean, Victoria Jean, Miguel Jean and Nathalie Jean. C. Right to protection of the family (Article 17 of the American Convention), read in conjunction with the obligation to respect rights without discrimination (Article 1(1) of the American Convention) 178. Article 17 of the American Convention reads as follows: 1. The family is the natural and fundamental group unit of society and is entitled to protection by society and the state. 179. In addition to the protection that the State must provide to the family as the natural and fundamental group unit of society under Article 17 of the American Convention, Article 9 of the Convention on the Rights of the Child provides that measures that separate a child from his family may 162 be ordered in only the most exceptional circumstances and then only upon judicial review. 161 I/A Court H.R., Case of Servellón García et al. v. Honduras. Merits, Reparations and Costs. Judgment of September 21, 2006. Series C No. 152, paragraph 96. 162 The Dominican Republic ratified the Convention on the Rights of the Child on June 11, 1991. Convention on the Rights of the Child provides that: Article 9 of the Continúa…