Chapter 2 The Right to Nationality and Judgment TC/0168/13 of the Constitutional Court | 65
allegedly impeding the exercise of their rights, especially their rights to health and
education. Furthermore, because of this situation, these individuals could have been
deported to Haiti at any time. The IACHR asked the Dominican Republic to take the
necessary measures to ensure the protection of Luisa Fransua, Rafael Toussaint, and
the other 48 individuals and their 32 children, so as to keep them from being
expelled or deported from the territory of the Dominican Republic. The IACHR also
asked the State to take the necessary steps so that the beneficiaries and their
children would be able to obtain the identification documents that would guarantee
their access to basic services like education and health, until such time as the
Commission rules on the petitions before it. 133
129. Finally, on January 30, 2014, the IACHR asked the Dominican Republic to adopt
precautionary measures for the members of the Dominican Republic’s “Reconoci.do”
Movement, because the lives and personal integrity of its members had allegedly
been threatened for criticizing Constitutional Court judgment TC/0168/13. The
Commission therefore called upon the Dominican Republic to take the necessary
measures to preserve the life and personal integrity of the members of the
“Reconoci.do” Movement and to ensure that they would be able to engage in their
activities as human rights defenders without being the target of acts of violence and
harassment for performing their functions. 134
130. In May 2000, the IACHR asked the Inter-American Court to adopt provisional
measures on behalf of Haitians and Dominicans of Haitian descent, who were subject
to the jurisdiction of the Dominican Republic and allegedly ran the risk of being
“expelled” or “deported” collectively, in connection with the Case of Benito Tide
Méndez et al., which was then pending before the Commission. The Court ordered
the provisional measures of protection in favor of the victims by resolution dated
August 18, 2000, which was ratified by resolutions dated September 14, 2000;
November 12, 2000; May 26, 2001; February 2, 2006; July 8, 2009; December 1,
2011; and February 29, 2012. 135
131. The IACHR has also brought this problem to the attention of the Inter-American
Court of Human Rights, filing three suits: one in the case of Dilcia Yean and Violeta
Bosico Cofi; another in the case of Nadege Dorzema et al. (also known as the
Guayubín Massacre case), and a third in the case of Benito Tide Méndez et al. (also
known as the case of expelled Dominicans and Haitians). 136 The Commission has
issued press releases concerning the right to Dominican nationality of persons born
in Dominican territory of Haitian descent, and regarding the situation of Haitian
133
134
135
136
IACHR, PM 279/12 - Luisa Fransua, Rafael Touissaint et al., Dominican Republic.
IACHR, PM 408/13 – Members of the “Reconoci.do” Movement, Dominican Republic.
I/A Court H. R. Matter of Haitians and Dominicans of Haitian-origin in the Dominican Republic regarding
Dominican Republic. Order of the Inter-American Court of Human Rights of August 7, 2000; August 18, 2000;
September 14, 2000; November 12, 2000; May 26, 2001; February 2, 2006; July 8, 2009; December 1, 2011;
and February 12, 2012.
See, IACHR, Application filed with the Inter-American Court of Human Rights, Case of Dilcia Yean and Violeta
Bosico Cofi v. Dominican Republic, July 11, 2003; IACHR, Application filed with the Inter-American Court of
Human Rights, Case No. 12,688, Nadege Dorzema et al.: Guayubín Massacre (Dominican Republic). February
11, 2011; IACHR, Merits Report No. 64/12, Case 12,271, Benito Tide Méndez et al. (Dominican Republic). March
29, 2012.
Inter-American Commission on Human Rights | IACHR
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