TABLE OF CONTENTS
I.
INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE
II.
PROCEEDINGS BEFORE THE COURT
III.
PRELIMINARY OBJECTIONS
A. “Inadmissibility of the application owing to failure to exhaust
domestic remedies”
B. “Inadmissibility of the application owing to expiry of the time
frame for the report under Article 50 of the American Convention”
C. “Partial Inadmissibility of the application owing to the ‘fourth
instance’ principle”
D. “Incompetence ratione temporis of the Court”
D.1) Regarding the alleged violations to the detriment of Mr.
González Medina
D.2) Regarding the alleged violations to the detriment of Mr.
González Medina’s family
Paragraph
1-6
7-13
14-61
16-24
25-35
36-41
42-61
42-54
55-61
IV.
COMPETENCE
62
V.
MEDIDAS PROVISIONAL MEASURES
63
VI.
EVIDENCE
A. Documentary, testimonial and expert evidence
B. Admission of the evidence
B.1 Admission of the documentary evidence
B.2. Admission of the statements of the presumed victims and the
testimonial and expert evidence
VII.
RIGHTS TO PERSONAL LIBERTY, TO PERSONAL INTEGRITY, TO
LIFE, AND TO RECOGNITION OF JURIDICAL PERSONALITY, IN
RELATION TO THE OBLIGATION TO RESPECT AND ENSURE THE
RIGHTS OF NARCISO GONZÁLEZ MEDINA
A) Arguments of the parties and of the Inter-American Commission
B) Proven facts
C) General considerations of the Court
D) Determination of the existence of the alleged forced disappearance
and its subsistence at the time of the acceptance of the Court’s
jurisdiction
D.1 Alleged context at the time of the facts
D.2 Influence of Narciso González Medina on Dominican society
and public impact of his speeches and writings
D.3 Surveillance of Mr. González Medina
D.4 Testimony of those who declared that they had seen Narciso
González Medina in State entities
D.5 Failure to determine the whereabouts of Mr. González Medina
and clarify the facts
D.6 Alleged destruction and alteration of documents as part of the
forced disappearance
E) Alleged violations of Articles 7, 5(1), 5(2), 4(1) and 3 of the
American Convention, owing to the forced disappearance of
2
64-81
65
66-81
66-78
79-81
82-195
83-86
87-124
125-134
135-173
137-144
145-150
151-154
155-164
165-170
171-173
174-195