66 | Report on the Situation of Human Rights in the Dominican Republic
migrants in the Dominican Republic. 137 The IACHR has also requested information
from the State in connection with various human rights situations, pursuant to the
Commission’s authority under Article 41 of the American Convention on Human
Rights.
132. It is important to note that subsequent to the on-site visit and as this report was
being prepared, on October 22, 2014 the Inter-American Court of Human Rights
reported its judgment in the Case of Expelled Dominicans and Haitians v. Dominican
Republic. 138 In this judgment, the Inter-American Court found that the facts in this
case were part of a broader context in which the Haitian population and persons of
Haitian descent commonly lived in poverty and frequently suffered abusive or
discriminatory treatment at the hands of the authorities, thereby heightening their
situation of vulnerability. This situation is related to the difficulty they have in
obtaining personal identification documents. The Court also found that, at least at
the time of the events in this specific case, for a period of almost ten years starting in
1990, there was a systematic pattern of expulsions in the Dominican Republic,
involving both collective actions or procedures that did not involve a case-by-case
examination of the situations of Haitians and persons of Haitian descent, all of which
was a function of discrimination. 139
133. In that same case, which will be examined at greater length in this report, the InterAmerican Court addressed Constitutional Court judgment TC/0168/13 as a
supervening fact. The Inter-American Court wrote that by classifying as aliens any
person born on Dominican soil of foreign parents in an irregular migratory situation,
judgment TC/0168/13,
given its general scope, […] constitutes a measure that fails to comply with the
obligation to adopt domestic legal provisions, codified in Article 2 of the
American Convention, in relation to the rights to recognition of juridical
personality, to a name, and to nationality recognized in Articles 3, 18 and 20 of
this instrument, respectively, and in relation to these rights, the right to
identity, as well as the right to equal protection of the law recognized in Article
24 of the American Convention; all in relation to failure to comply with the
obligations established in Article 1(1) of this instrument. 140
134. It, therefore, ordered the State, inter alia, to “adopt, within a reasonable time, the
measures required to prevent judgment TC/0168/13 and the provisions of articles
137
138
139
140
IACHR, 42/15 - IACHR Expresses Its Deep Concern over the Acts of Violence in the Dominican
Republic. Washington, D.C., April 29, 2015; 73/13 – IACHR Expresses Deep Concern Over Ruling by the
Constitutional Court of the Dominican Republic. Washington, D.C., October 8, 2013; 42/13 – IACHR Condemns
Death of Haitian Immigrant at Hands of State Agents in the Dominican Republic. Washington, D.C., June 12,
2013.
When the case was processed with the Inter-American Commission and during the Inter-American Court’s
proceedings on it, it was referred to as “Benito Tide Mendez et al. v. Dominican Republic”. However, the Court
decided to call it the Case of Expelled Dominicans and Haitians v. Dominican Republic”.
I/A Court H.R. Case of Expelled Dominicans and Haitians v. Dominican Republic. Preliminary Objections, Merits,
Reparations and Costs. Judgment of August 28, 2014. Series C. No. 282.
I/A Court H.R. Case of Expelled Dominicans and Haitians v. Dominican Republic. Preliminary Objections, Merits,
Reparations and Costs. Judgment of August 28, 2014. Series C. No. par. 325.
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