judicial guarantees and judicial protection established in Articles 2, 4, 5, 7, 24, 8 and
25 of the American Convention, in relation to the obligations established in Articles
1(1) of this instrument, to the detriment of the individuals identified throughout the
report, and
d)
The Merits Report was notified to the Dominican Republic in a communication
of November 11, 2010, which granted the State two months to report on compliance
with the recommendations; an extension of this time frame was subsequently
granted. The Commission indicated that the time frame and its extension had expired
without the State complying with the recommendations and, consequently, it
submitted the case to the Court given the need to obtain justice and just reparation.
The Inter-American Commission appointed Rodrigo Escobar Gil, Commissioner, and
its then Executive Secretary Santiago A. Canton, as delegates, and Elizabeth AbiMershed, Deputy Executive Secretary, Karla Quintana Osuna, and Isabel Madariaga
Cuneo, lawyers of the Executive Secretariat, as legal advisors,.
II
PROCEEDINGS BEFORE THE COURT
4.
Notification of the State and the representatives. The submission of the case by the
Commission was notified to the State and the representatives on May 24, 2011.
5.
Brief with pleadings, motions and evidence. On July 26, 2011, the representative
organizations submitted their brief with pleadings, motions and evidence (hereinafter
“pleadings and motions brief”) to the Court, pursuant to Articles 25 and 40 of the Rules of
Procedure. The representatives agreed substantially with the Commission’s arguments and
asked the Court to declare the international responsibility of the State for the violation of the
same articles alleged by the Commission and, in addition, asked the Court to declare the
violation of Articles 3 (Right to Juridical Personality) and 22(9) (Freedom of Movement and
Residence) of the American Convention. Lastly, they asked the Court to order the State to
adopt various measures of reparation and reimburse specific costs and expenses. The
representatives also indicated that they were empowered to represent 28 next of kin of the
seven deceased presumed victims4 and nine of the 14 surviving presumed victims.5
6.
Time-barred presentation of the State’s answer. On February 14, 2012, the State
submitted to the Court its brief answering the submission of the case and with observations
on the pleadings and motions brief (hereinafter “answering brief”). In a note of the
Secretariat of February 23, 2012 (Ref: CDH-12,688/029), the State was informed that the
records in the file of this case revealed that the representatives’ brief with pleadings,
motions, and evidence had been notified by electronic mail to the State on November 24,
2011, and that, the same day, it had also been sent by courier, together with all the
annexes, and had been received by the State on November 28, 2011, the date as of which
the non-extendible two-month period for the submission of the answering brief began, which
would expire on January 28, 2012. Consequently, given the 17-day delay in the submission
4
Illiodor Dorzema, Rose Fortilus, Nathalie Guerrier, Antoniette Saint Phar, Loubens Fortilus, Lifaite Alcé,
Franceau Alcé, Jacques Wana Maxime, Ecléus Maxime, Wilson Lamour, Tinacie Jean, Lamercie Estimable, Rose Dol,
Rosulma Mireil Florvilien, Rony Beauvil, Jheffly Alcé, Louna Beauvil, Génecine Felizor, Jolina Georce, Lona Beauvil,
Kernelus Guerrier, Roseline Jean Mary, Wikenson Franco, Stephanie Franco, Jose Radhames Peralta Espinal, Jose
Leonel Peralta Espinal, Amariliz Mercedes Peralta Espinal and Carmen Rosa Peralta Espinal (file of annexes to the
pleadings and motions brief, tome V, folios 2628, 2629, 2630, 2631, 2632, 2633, 2634, 2635, 2637, 2639, 2640,
2641, 2643, 2644, 2648, 2649, 2650, 2651, 2652, 2653, 2654, 2656 and 2659, respectively).
5
Sonide Nora, Rose-Marie Petit-Homme, Sylvie Felizor, Renaud Tima, Joseph Desravine, Selafoi Pierre,
Joseph Pierre, Josier Maxime and Noclair Florvilien (file of annexes to the pleadings and motions brief, tome V,
folios 2638, 2639, 2642, 2645, 2646, 2647, 2655, 2657 and 2658, respectively).
5