June 26th, 2015

The Honorable Cesar Miranda Rodrguez

Secretary of Justice
Department of Justice
P.O. Box 9020192
San Juan, Puerto Rico 00902-0192

Dear Mr. Miranda Rodrguez:

The undersigning organizations hereby request a criminal investigation for crimes against
humanity, as defined and sanctioned under Article 300 of the Puerto Rico Penal Code,
enforceable under Article 3 of that body. Actions amounting to criminal offences have been and
continue to be perpetrated by government officials of the Dominican Republic currently in
Puerto Rican soil.
The Commonwealth of Puerto Rico has the power and authority to investigate, prosecute, and
punish the persons responsible for crimes against humanity, according to Public Act 146 of July
30th, 2012 (Criminal Code of Puerto Rico) and International Law.
The Chief Justice of the Constitutional Court of the Dominican Republic, Milton Ray Guevara,
Magistrate Justo P. Castellanos Khoury, and Magistrate Rafael Daz Filipo, currently in Puerto
Rico, voted with the majority on Judgment from the Constitutional Tribunal TC/0168/13 of
September 23rd, 2013 (from here forth referred to as Judgment TC/0168/13). Judgment
TC/0168/13 declares that people born on Dominican territory from parents who are of irregular
situation are themselves foreigners. (See, Exhibit 1)
According to Article 184 of the Dominican Republics Constitution, decisions from the
Constitutional Tribunal are definitive and irrevocable and, bind the public powers and all of the
organs of the State. As such, Judgment TC/0168/13 orders the government of the Dominican
Republic a series of measures that result in retroactive withdrawal of the rights to nationality,
thereby:
a)
Causing great suffering that threatens physical and mental integrity of most Dominicans
of Haitian ancestry, including the threat of deportation and expulsion among other threats, from
wherever they legitimately be within Dominican territory, with no authority under International
Law. (See, Exhibits 2, 3.)
b)
Harassing a group of people with self-identity, based exclusively on racial, national,
ethnic, and cultural motives universally recognized as unacceptable under International Law.
(See, Exhibit 4.)

On August 28th, 2014, the Inter-American Court of Human Rights concluded that Judgment
TC/0168/13 violates American Convention and specifically affects people of Haitian ancestry
born on Dominican soil (see, Exhibit 5), whom had already been suffering a pattern of
discrimination and abuse related to the denial of fundamental rights pertaining to nationality (see,
Exhibit 6) as well as harassment that has resulted in homicide (see, Exhibit 6).
1

The Inter-American Court ordered the Dominican Republic to adopt, within a reasonable time,
the measures required to prevent judgment TC/0168/13 and the provisions of articles 6, 8, and 11
of Law No. 169-14 from continuing to have legal effects, in the terms of paragraph 468 of this
Judgment. It also stated that in order to achieve this, it was pertinent to recall, without
prejudice to the measures that it has established, that, in their sphere of competence, all the
authorities and organs of a State Party to the Convention have the obligation to exercise a control
of conventionality.
Through Judgment TC/0168/13, Chief Justice Ray Guevera and
Magistrates Castellanos Khour and Daz Philipo voted with the majority to declare
unconstitutional the instrument of acceptance that declared the competency of the InterAmerican Court of Human Rights, thereby evading being bound by that international
organizations orders and judgments.
2

These actions have been committed as part of a generalized, systematic attack against
civilians of Haitian ancestry, evidencing a clear lack of will or interest in offering real remedies
to these victims. They constitute a complete disrespect and neglect of moral and legal standards
required by the international community and Puerto Rican Law.
The Commonwealth of Puerto Rico has the power and obligation to investigate, process and
sanction all persons responsible for crimes against humanity in accordance with Act Num. 146 of
July 30, 2012 (Criminal Code of Puerto Rico). Article 3 of our Criminal Code states that penal
law of Puerto Rico applies outside the territorial extensions of the Commonwealth of Puerto Rico
in any of the following cases: {] crimes against humanity []. Article 300 of the Criminal
Code defines crimes against humanity as any of the following acts when they are committed as
a generalized or systematic attack against a civil population:
[..]The persecution against a group or collective with an identity founded in political,
racial, national, ethnic, cultural, religious, of gender, or any other motives, universally
recognized as unacceptable in conformity with international law
[..] The deportation or forced removal of a population
[..] Other inhuman acts of similar nature that intentionally cause great suffering or
gravely threaten the physical integrity, or mental health.
The terms forced removal of a population, persecution, and the crime of apartheid are defined in
Article 300 of the Criminal Code in the following manner:

Case of Expelled Dominicans and Haitians v. Dominican Republic, Judgment of August 28th, 2014; see, Body of
Judgment, paragraphs 235, 314, 415, 320, 468. Link can be found at
http://corteidh.or.cr/docs/casos/articulos/seriec_282_ing.pdf.
2
Id., Operative Paragraphs, paragraph 18.
3
Id., page 147, paragraph 471.

[..] Deportation of forced relocation of a population is the displacement of all affected

persons, by means of expulsion or other coercive acts, from the zone in which they are
legitimately present, without authorized reasons endorsed by international law.
[..] Persecution is the intentional and grave deprivation of fundamental rights in
contravention of international law for motives regarding the groups or collectives
identity.
The Commonwealth of Puerto Rico has the obligation to investigate, process and sanction all
person responsible of human rights violations in general, and specially those whose acts
constitute a generalized and systematic attack against a civil population; as established by the
Corpus Juris of International Law of Human Rights, in particular the American Declaration of
the Rights and Duties of Man in 1948 read in conjunct with the Charter of the Organization of
the American States; the International Covenant on Civil and Political Rights; Advisory
Opinions 10/89 and 16/99 of the Inter-American Court of Human Rights; Statute of the InterAmerican Commission on Human Rights and Rules of Procedure of the Inter-American
Commission on Human Rights.
The United States of America is a member of the Organization of American States since June 19,
1951, date in which said country ratified the Charter of the OAE. The United States of America
has committed itself to the respect and assurance of the rights enshrined in the American
Declaration and is subject to the obligations established in the Declaration. Including, in Article
II the principle that all persons are equal before the Law and have rights and duties embedded in
this declaration without any distinction of race, sex, language, creed or any other motive.
The Inter-American Commission of Human Rights, as the principal body of the OAE, in charge
of the supervision and compliance with the obligations of human rights guaranteed by the
American Declaration, is competent for the evaluation and observance United States and Puerto
Ricos obligations. In Resolution No. 1/03, regarding Prosecution of International Crimes, the
Inter-American Commission sustained:
4

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Exhort the States to adopt legislative and other measures that are necessary to
sanction international crimes, such as genocide, crimes against humanity and war
crimes.
Exhort the States to combat the impunity of international crimes through the
invocation and exercise of their jurisdiction over these crimes

Puerto Rican Law, often characterized as progressive, includes in its Criminal Code a legislative
measure that permits the prosecution and sanctioning of international crimes. As noted by the
Inter-American Commission, the international imperative requires the effective exercise of state
jurisdiction to sanction crimes against humanity.

Charter OAE, Art. 106; See also: Hessica Lenahan (Gonzalez) and others, Vs. United States,
Report No. 80/11, Case 12.626, background, July 21, 2011.
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Considering that persons referred to as responsible of systematic violations of human rights and
crimes against humanity are under our jurisdiction, we implore the immediate and urgent
implementation of precautionary measures to avoid their abandonment from the
Commonwealths jurisdiction until the investigation herein requested has concluded. The
contrary would promote the impunity that has characterized the State of the Dominican
Republic during past decades, which has been condemned by the Inter-American Court of
Human Rights in its judgments.
The People of Puerto Rico have the obligation to investigate and criminally process the
perpetrators these crimes against humanity. The failure to comply with this obligation could lead
to the filing of an international complaint before the Inter-American Commission against the
government of Puerto Rico, for the non-compliance of its duty to investigate the grave violations
of human rights known by the State.