30 evidence17 (supra para. 48); the documents submitted by the representatives as attachments to their final written arguments18 (supra para. 49); the documents contributed for the first time by the State as attachments to their final written arguments19 (supra para. 49), and the documents submitted by the State on January 10, May 24 and September 5, 2005.20 89. In application of the provisions of Article 45(1) of the Rules of Procedure, the Court incorporates into the body of evidence in this case, the documents presented by the State, the Commission and the representatives that were requested by the Court as helpful evidence (supra paras. 50 and 51); namely, a copy of Act No. 8-92 of April 13, 1992, presented by the three parties, and a copy of Resolution No. 5/88 of the Central Electoral Board of June 8, 1988, presented by the State and the representatives, because they are useful for deciding this case. With regard to the Court’s request that the parties should present as helpful evidence the attachments to the “application requesting authorization for late declarations [...]” submitted to the Public Prosecutor of the Judicial District of Monte Plata, the Dominican Republic, on September 11, 1997, the Court notes the observations of the State21 and the Commission,22 which did not forward the attachments alleging that they did not have them; and the representatives only forwarded the attachments that were already in the case file indicating that “although the request to the Public Prosecutor was filed in favor of a group of children of Haitian origin, [...] they [would] provide only the documents corresponding to the Yean and Bosico children.” In view of the foregoing, the Court notes that the parties must provide all the probative elements requested de oficio, as helpful evidence or at the request of a party, because the Court should 17 Namely: the Code for the Protection System and Fundamental Rights of Children and Adolescents (Act No. 136–03), promulgated on August 7, 2003; Migration Act No. 285–04 of the Dominican Republic, promulgated on August 15, 2004; list of requirements for the late declaration of birth of persons over 16 years of age, issued by the Central Electoral Board on December 11, 2003; Resolution No. 07/2003, “Resolution on late declaration of persons over the age of sixteen years” issued by the Central Electoral Board on November 17, 2003, and the manual or guidelines for applying resolution No. 7/2003, of November 17, 2003, of the Central Electoral Board with regard to the procedure for late declarations of persons over 16 years of age. 18 Namely: copy of the decision of August 6, 1988 of the Supreme Court of Justice “on the action on unconstitutionality and nullity of the resolutions of the Senate and the Chamber of Deputies of the Republic,” and several expenses vouchers submitted by CEJIL in the case of the Yean and Bosico children. 19 Namely: birth certificate of Solain Pierre; certification of the Civil Status Registrar of Sabana Grande de Boyá of November 6, 2003; official letter of the Public Prosecutor of the National District addressed to the President of the Civil and Commercial Chamber of the court of first instance of the National District requesting ratification of late declarations of birth; resolution of the Supreme Court of Justice of the Dominican Republic of February 24, 1999; document of the State entitled: “Claims of the petitioners during the friendly settlement before the [Commission];” certification of the Director of the Palavé Basic School of November 6, 2003; certification of the Dominican Teachers Association of March 11, 2005; Basic Education diploma of the child Violeta Bosico of July 1, 2004; certification of the Association of Parents and Friends of the Palavé Basic School of March 11, 2005, and certification of the Las Mercedes Neighborhood Committee of March 11, 2005. 20 Namely: the document entitled “The Uses of Children: A Study of Trafficking in Haitian Children;” USAID/Haiti Mission, Port-au-Prince, Haiti, July 14, 2004, by Glenn R. Smucker and Gerald F. Murray; Resolution No. 11-89 of the Central Electoral Board of August 22, 1989, and certificate issued on March 7, 2005, by the director of the “local health center” of Sabana Grande de Boyá, the Dominican Republic. 21 22 The State indicated that “[t]his whole file was returned to the petitioners.” The Commission stated that it hoped that the State and the representatives “are able to provide […] the documentation submitted at the domestic level.”

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