64 | Report on the Situation of Human Rights in the Dominican Republic
27, 1999, the Commission granted precautionary measures for the girls Dilcia Yean
and Violeta Bosico, who had been denied Dominican citizenship despite having been
born on Dominican soil; the denial of their right to citizenship would expose them to
the imminent threat of being arbitrarily deported from their country of birth. The
Commission called upon the State to take the measures necessary to prevent the
Yean and Bosico girls from being deported and to ensure that Violeta Bosico was not
denied her right to attend classes and receive the education provided to all other
children who are Dominican citizens. 129
125. On November 22, 1999, the Commission granted precautionary measures and
requested that the Government of the Dominican Republic take the actions
necessary to put an end to collective expulsions of foreigners and, where persons in
the territory of the Dominican Republic were to be deported, to fully observe the
requirements of due process. This request was based on information received in
which the petitioners indicated that thousands of persons of Haitian origin and
Dominicans of Haitian descent had been expelled by the authorities of the
Dominican Republic, through collective round-ups and without legal procedures to
properly determine the nationality and family ties of the expelled persons. 130
126.
On December 3, 1999, the Commission granted precautionary measures and
requested that the Government of the Dominican Republic adopt, on an urgent basis,
the measures necessary to guarantee the protection of Eddy Martínez, his wife
Germania Pierre (María), and their two minor children, Olga and Teresa, to allow
them to return to the territory of the Dominican Republic, and to give back their
personal documents, which had been unlawfully seized. The Commission also
requested that the Dominican Republic fully investigate the acts alleged, in
accordance with its domestic legislation. According to the information received,
Dominican immigration inspectors had expelled the family of Eddy Martínez, a
Dominican by birth, to Haiti in a violent, illegal, and arbitrary manner, on the basis of
“having mistaken them for Haitians”. 131
127. Subsequently, on July 31, 2008, the IACHR granted a request for precautionary
measures for Emildo Bueno Orguís, Dielal Bueno, Minoscal De Olis Oguiza, Gyselle
Baret Reyes, and Demerson De Olis Baret. All of these individuals were born in the
Dominican Republic to Haitian parents and had allegedly been the target of threats
and acts of violence, reportedly in retaliation for having pursued legal action to
obtain documents identifying them as Dominican nationals. 132
128. On June 10, 2013, the IACHR granted precautionary measures for Luisa Fransua,
Rafael Toussaint, and another 48 individuals and their 32 children in the Dominican
Republic. At that time, the beneficiaries of the measure were being denied birth
records, identity and voter registration cards, or their documents were being
withheld or invalidated. These actions thereby blocked their access to basic services,
129
130
131
132
IACHR, PM 86/99 –Dilcia Yean and Violeta Bosico, Dominican Republic.
IACHR, PM 88/99 – Group of persons of Haitian origin and Dominicans of Haitian descent, Dominican Republic.
IACHR, PM 89/99 – Eddy Martínez Olga and Teresa Germania Pierre (María) and their two daughters,
Dominican Republic.
IACHR, PM 195/08 – Emildo Bueno et al., Dominican Republic.
Organization of American States | OAS
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