Constitutional Tribunal revokes order to give cédulas to Haitians
SANTO DOMINGO. The Constitutional Tribunal (TC) revoked a sentence of protection that was ordered by the Central Electoral Board to provide a cédula of identification and voter registration to 28 descendants of undocumented Haitians.
The constitutional action benefited Simón Rodríguez Dose, July Chauvette, Zenia Stelance Yan, Charle Luis Yene, Andrecita Luis Yene, Mónica Paul Sánchez, Ramona Pie Lima, Enita Yacinthe, Yuli Yendedillen Joseph, Yohany Betsaida Josep Rosario, Musnal Xinel Franzua, Gloria Berique Delva, Emilia Pierre Balan, Wilfrido Polinice, Wilfrido Metellus Joseph, Luismena Messene Louis, Isidro Berique Delma, Franklin Jean San Luis, Reyes Antonio Polique Pérez, Shalin Charles Deni, Jonas Desvallons Joissant, Kensly Desvallons Joissant, Piter Desvallons Joissant, Elena Pierre, Osman Polinice and Ana Rosa Amador Cristevil.
The high court ordered that the Directorate General of Immigration granted, with a 10 day deadline, a special permit of temporary residence in the country to Anyelina Jean Polemin and Maribel Saint Louis Noel, until the “National Legalization Plan for Illegal Foreigners Residing in the Country” determines the legalization conditions for this type of case.
In their sentence TC/0028/14, they establish that in order to issue the personal identification cédula and voter registration it is necessary to know if the parents (or some of them) were Dominicans at the moment of the registration made in the Civil Registry Office ( a situation that is being investigated) or if they were in the country as a foreigner in transit.
As a result, the court considers that it is not possible to issue a cédula of personal identity and voter registration in their respective names until the investigations that are underway are finished.
The TC order the JCE to proceed to submit the original of the birth certificates to the competent court in a period not to exceed 45 days so that the tribunal can determine the validity or not.
“In the present case, it is best to stress the fact that the situation of the plaintiffs is not homogeneous, so that in order to analyze the aspirations subject to the appeal, it is necessary to group them, taking into account the documentation that each one of them has. In this sense, it is suggested that the case file have copies of the birth certificates of Anyelin Jean Polemin and Maribel Saint Louis Noel, in which it is established that their parents had in their possession, at the time of registering their births, their “tickets”. The sentence says includes the dissenting votes of Ana Isabel Bonilla and Katia Jimenez.
On 29 May 2012, the Civil and Commercial Chamber of the Court of the First Instance of the Judicial District of San Pedro de Macoris order the JCE to authorize the Director General of Cédulas and the election boards of the municipalities of San Pedro de Macoris, Consuelo, Quisqueya, San Jose de los Llanos and Ramon Santana to issue cédulas of identification and voter registration cards to each one of the plaintiffs. The JCE filed an appeal.
Category: DR News |