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CHAPTER II MEETINGS OF THE COMMISSION A.
Meeting of the Subcommittee
For the purpose of considering the work done by the Commission in
the Dominican Republic, a meeting of its Subcommittee was held in
Washington from June 22 to 24. This meeting was attended by the Chairman
of the Commission, Professor Manuel Bianchi, the Vice Chairman, Dr.
Gabino Fraga, and Dr. Durward V. Sandifer, a member.
At that time the Chairman of the Commission presented a
preliminary report on the situation regarding human rights in the
Dominican Republic (OEA/Ser.L/V/II.12, Doc. 2 Rev.).
That document, which presents a detailed description of the
activities carried out from June 1 to 15, 1965, contains the following
conclusions:
1. Overcrowding in some
cells of prisons under the authority of the Government of National
Reconstruction was the most negative scene observed by the Commission in
its trip through the Dominican Republic.
This fact was laid before the Secretary of State for Foreign
Affairs of that government by note of June 11, 1965.
Such a situation not only is insulting to the individual who
experiences it, but it brings with it sanitary and physical problems
that must be avoided.
The Chairman gave preference to this problem, by obtaining
transfers of prisoners to less crowded cells or by accelerating the
process of purging prisoners, in order that those against whom there
were no specific charges might be set free as soon as possible.
2. Arrest for reasons of
political vengeance or partisan rancor should be entirely avoided. The
Commission knows of many cases in which those arrested were the victims
of the hatred or passion of determined agents of authority, either for
the purpose of holding them as hostages or in order to terrorize their
families. This problem continues on both sides of the conflict.
The Chairman suggests that these charges be sifted and that, as
in the previous case, all individuals against whom there are no specific
charges or grounds for detaining them, be immediately set free.
3. The disappearance of
persons arrested is another important phenomenon observed by the
Commission. Many cases have been reported of persons arrested who were
transferred from one prison to another without reaching their
destination. This aspect should be investigated and prevented,
particularly in the area under the authority of the Government of
National Reconstruction, where, because of the greater number of prisons
and greater distances, a large number of denunciations have been
forthcoming.
4. The Commission has
observed that despite the existence of written orders authorizing the
visiting of prisoners by their families, some of them are unable to see
their families because this is prevented by the prison guards.
The Commission learned of cases in which the families of
prisoners waited 30 and 40 consecutive days without seeing them, and
even without being certain that they were receiving the clothes or meals
they brought them.
The Chairman recommends to the competent authorities that they
comply strictly with the order permitting visits to prisoners, either on
special days of each week or during particular hours of each day, in
order to alleviate in this way the serious situation created by the
uncertainty prevailing in many Dominican families.
5. The Commission has
likewise observed that the wages of persons imprisoned for political
reasons are withheld, with the result that their families are left in
desperate circumstances.
The Chairman made known to the Secretary General of the
Organization the information received with regard to this problem, so
that he could give instructions for the appropriate measures to be
taken.
6. The Commission observed
that in some cases imprisoned persons were punished physically in both
factions, in flagrant violation of the right of the individual to
physical integrity.
The said document contains, in addition to the aforementioned
conclusions, the following recommendations:
1. The Chairman of the
Commission completely agrees with the terms of the cable from the
Secretary General of the Organization, dated May 25, 1965, to the effect
that the presence of the Commission in the Dominican Republic during the
present situation is essential. He therefore recommends that a
representation thereof remain in that country continuously, for the
purpose of observing and solving problems relating to human rights.
2. The Chairman also
considers it essential for the Commission to hold a special session as
soon as possible in order to examine exclusively the case of human
rights in the Dominican Republic.
At the close of its meetings, the Subcommittee resolved:
1.
To take note of the Report presented by the Chairman, and
2.
To suggest: a) that the Chairman continue to act in accordance
with his powers until a special meeting of the Commission is held to
deal exclusively with the Dominican case, and b) the convoking of the
aforementioned special meeting of the Commission, to be held as soon as
possible at its permanent seat in Washington, D.C.
The Chairman of the Commission, in a communication addressed to
the members of the inter-American agency on June 23, 1965, stated the
need for holding a special meeting to consider the situation regarding
human rights in the Dominican Republic.
In that communication, Professor Bianchi referred to the request
formulated by Dr. José A. Mora, Secretary General of the OAS, that the
Commission be present in the Dominican Republic to ensure respect for
human rights in that country, as well as for the agreements adopted by
the subcommittee at the meeting it just held.
The special meeting convoked by the Chairman in accordance with
the powers conferred on him by Article 11.b.ii, of the Statute, was held
at the Commission’s permanent seat in Washington, from July 21 to 23,
1965. The Chairman, Professor Manuel Bianchi, and Mrs. Angela Acuña de
Chacón, Dr. Carlos Alberto Dunshee de Abranches, and Dr. Durward V.
Sandifer, members, attended the meeting.
The Agenda of the Eleventh Meeting (Special) contained two main
points: 1. The situation regarding human rights in the Dominican
Republic, and 2. Activities of the Commission in the Dominican Republic:
a) Activities that the Commission will continue to carry out until the
establishment of the Provisional Government, and b) Activities to be
carried out from the establishment of the Provisional Government until
the installation of the elected government.
In the course of the meetings, the Chairman amplified the
Preliminary Report he had presented to the Subcommittee, and reports
were received from the Commission members who had served in the
Dominican Republic: Dr. Durward V. Sandifer (OEA/Ser.L/V/II.13, Doc. 4)
and Carlos Alberto Dunshee de Abranches (OEA/Ser.L/II.12, Doc. 9).
With regard to the activities in the Dominican Republic until the
establishment of a Provisional Government, the Commission approved a
Resolution, whose text is the following:
WHEREAS:
The Commission has a mandate to promote respect for human rights
in all member states of the Organization;
Article 11.c of its Statute states that the Commission “May
move to the territory of any American State when it so decides by an
absolute majority of votes and with the consent of the government
concerned”;
Article 3 of the Regulations lists, as one of the duties of the
Chairman, “to represent the Commission”;
Article 8 of the Regulations provides that the members of the
Commission “shall perform their functions during the course of the
meetings, and during the time of recess shall carry out the task or
preparatory work entrusted to them by the Commission”;
In the present situation in the Dominican Republic, the Chairman
and two members of the Commission, complying with requests addressed
both by the Constitutional Government and by the Government of National
Reconstruction of the aforementioned country, as well as with the appeal
made by the Secretary General of the Organization, went to the Dominican
Republic for the purpose of examining on the spot the situation
regarding human rights;
The Chairman of the Commission, in the report he submitted for
consideration by the members thereof regarding his activities in the
Dominican Republic, emphasized the need to maintain a representation of
the Commission in that country in the course of its present situation;
and
Both the Constitutional Government and the Government of National
Reconstruction, in statements signed on June 8 and 9, respectively, have
declared that they will give the Inter-American Commission on Human
Rights all of the facilities that are essential for the proper
fulfillment of its mission,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
RESOLVES:
To authorize its Chairman, in accordance with his powers and by
whatever means he considers most appropriate, to maintain a
representation of the Commission in the Dominican Republic so that it
may continue its attention to the problems related to human rights in
that country in the course of the present situation.
As regards the activities of the Commission following the
establishment of the Provisional Government and until the date on which
an elected government is inaugurated, the following resolution was
adopted:
WHEREAS:
The draft Institutional Act prepared by the Ad Hoc Committee of
the Tenth Meeting of Consultation of Ministers of Foreign Affairs
contemplates the presence of the Inter-American Commission on Human
Rights in the Dominican Republic until the installation of the elected
government;
Both the Constitutional Government and the Government of National
Reconstruction have, at various times, expressed the need for the
presence of the Inter-American Commission on Human Rights in the
Dominican Republic until the present situation in that country becomes
normal; and
The Commission, in accordance with its Statute, has a mandate to
promote respect for the human rights set forth in the American
Declaration of the Rights and Duties of Man,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
RESOLVES:
To authorize its Chairman to maintain a representation of the
Inter-American Commission on Human Rights in the Dominican Republic in
the form he deems most appropriate, provided that the Provisional
Government of the Dominican Republic, in accordance with the
Institutional Act, authorizes its presence in the country, for the
purpose of promoting respect for the human rights set forth in the
American Declaration of the Rights and Duties of Man, and especially of
ensuring strict compliance with Articles I, II, IV, IX, X, XVII, XVIII,
XX, XXI, XXII, XXIII, XXIV, XXV, and XXVI of the aforesaid Declaration.
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