Dominican Republic denies discrimination and collective expulsions before the Inter-American Court

Mexico City and Santo Domingo, October 9, 2013 – This Wednesday the public hearing on the case Benito Tide Méndez and others before the Inter-American Court of Human Rights concluded. This case addresses the arbitrary detention and subsequent expulsion of 27 people, the majority of whom are Dominican nationals, and 12 of whom were children at the time of their expulsion.

The Center for Justice and International Law (CEJIL), Movimiento de Mujeres Dominico-Haitianas (Movement of Dominico-Haitian Women, MUDHA), Groupe d’Appui aux Rapatriés et Réfugiés (Support Group for Refugees and Repatriated Persons, GARR), and Columbia Law School Human Rights Law Clinic acted as representatives for the victims before the Inter-American Tribunal.  The hearing was held in Mexico City, during the Inter-American Court’s 48^th Period of Ordinary Sessions.

The representing organizations highlighted the pattern of mass expulsions and the denationalization policy directed at Dominicans of Haitian descent with parents holding an irregular status in the country, showing the Tribunal that the events of the present case did not occur in isolation.

Francisco Quintana, CEJIL’s Program Director for the Andean, North America and Caribbean Region, mentioned that, “the hearing allowed us to demonstrate the racial discrimination in the treatment of the afro-descendant population, particularly of Haitians and those of Haitian descent.” Quintana further added that it is regrettable that the Dominican State did not respect the right to defense; “in the hearing, the government representative presented evidence in an inappropriate moment and manipulated the statement of the only witness.”

“Surprisingly, in order to deny racial discrimination, the Dominican State employed elements of nationalism and xenophobia” noted Cristiana Luis Francisca, President of MUDHA.  She added that, “the debate will not in end with this hearing; our organizations will continue looking for justice at both the internal level and before international bodies.”

“The State’s arguments were inconsistent and contradictory in denying the existence of a pattern of collective expulsions, which occurred not only during the period in which the events of this case took place, but are currently being perpetuated”, remarked Paola García Rey from the Columbia Law School Human Rights Law Clinic.

Likewise, Lisane André of GARR added that, “the repatriations in 1991 gave birth to our work, in a moment when expulsions reached highs of 35 thousand people.  We hope that as a result of this case, as the discussed human rights standards are applied and collective expulsions cease, we will be able to put aside this strong aspect of our work.”

At the close of the hearing the organizations asked that the Court issue a judgment which ensures integral reparation to the victims.  In light of the behavior of the State during the hearing, the organizations representing the victims feel that particular importance must be placed on the recognition of international responsibility and the realization of public apology for the events in the case.

After the hearing, the organizations and the Dominican State must present their final written arguments within a month, respectively.  A decision is expected from the Inter-American Court by the beginning of the next year.

The hearing was transmitted live and can be accessed on the Inter-American Court’s website www.corteidh.or.cr.