Evening star. [volume] (Washington, D.C.) 1854-1972, 1960-07-17

The members of the Study Panel who have been
invited by the Secretariat of State for Foreign
Relations of the Dominican Republic and by the
University of Santo Domingo to give an opinion on
certain jurdica matters of an international nature
which are of concern to the Dominican Republic,
analysed, firstly the following questions:
a. Considered in the light of the Inter- American
Treaty of Reciprocal Assistance and of prece-
dents in the application of that Treaty, was
the request submitted by the Government of
the Dominican Republic to the Council of the
Organization of American States on July 2,
1883, made upon sound grounds?
b. If the answer is in the affirmative, was it or
was it not warranted that the Council of the
Organization appoint an investigating COM
mittee to ascertain the facts alleged by the
Dominican Government for the Inter-Ameri-
can Treaty of Reciprocal Assistance to be
applied?
g. In the light of the facts and the circumstances
adduced by the Dominican Government in its
request of July 2, 1859, to the Council of the
Organization of American States, does there
exist any cause of action for international
responsibility under the terms of the 1928
Havana Convention on the Duties and Rights
Of States in the event of Civil Strife, or in
keeping with general legal principles or those
OF international common law?
The Study Panel was able to examine material
evidence such as the documents taken from men,
berS OF the revolutionary expeditions which in
vaded the Dominican Republic in the month of
June, 1859, as well as photographs made during
the embarkation of the expeditions members and
the testimony of captives taken prisoners by the
Dominican Government in the military operations
staged upon Dominican territory and to whom the
Dominican Government has subsequently granted
pardon Included in the testimony given before
the Study Panel there is that of Deo Gomez
Ochoa a former Major in the Cuban Revolutionary
Army, and that of Poncio Rafael Pou Saleta and
Francisco Medardo German, both DominicanS
Statements were also made before the Study Panel
by the Dominican Republics Secretary of State for
Justice, Licenciate Mario Abreu PenZo, and by the
Republics Attorney General, Licenciate Luis E.
Suero AS result of it's examination of that testi-
mony and material evidence as well as of the legal
texts and precedents applicable in the matter the
Study Panel expresses the opinion hereinafter set
forth.
/. That from the facts upon which the Govern
ment of the Dominican Republic based the request
it submitted to the Council of the Organization of
American States on July 2, 1859, it is clear that
the invaSionS of Dominican territory on June IA
and June 20, 1859, by armed bands from abroad
were with the aim Of starting and fomenting civil
strife in the Dominican Republic, and were Suffi-
GENTLY grave, according to the Inter-American
Treaty of Reciprocal Assistance, as to warrant that
request upon the basis of Articles and IL of said
instrument as well as upon those cases in which,
after due investigation of the alleged facts, the
Rio Treaty of 1947 had been applied. Among these
OGuuy
those set forth in the document of the Pan Anneri
can Union entitled Applications of the Inter-
American Treaty of Reciprocal Assistance Q948-
1850 but also the other cases Immediately pre-
ceding the Dominican request of July 2, 1885, and
that are part and parcel of the international stu
alton which caused the Fifth Meeting of Consul
taton of Foreign Ministers in Santiago, Chile, to
be held.
2. It was likewise warranted that in view of
the facts alleged by the Dominican Government
and bearing in mind presidents in keeping with the
application of the Inter-American Treaty of Re
ciprocal Assistance, the Council of the Organiza-
ton of American States appoint an investigating
committee to ascertain the facts alleged by the
Government of the Dominican Republic in support
of its request, in order to determine whether that
Treaty should be applied.
3. That from the careful study and confirma-
ton that they have made of the facts denounced
by the Government of the Dominican Republic in
its request of July g. 1859 to the Council of the
Organization of American States it develops that
there do exist circumstances upon which to estab-
lsh cause of action for international response
bility, based upon either violation of the Havana
Convention of 1923 on the Duties and Rights of
States in the event of Civil Strife or upon unvers
ally recognized general principles of international
law, such as those established under the Three
Rules of Washington adopted in 1871.
The following question considered by the
Study Panel: ITO give its opinion as to the
Report of June 6, 1860 by the r-American
Peace Committee, in the light of the Observa-
lieeneinfe Emilia Porfes Gil Pr