6
21.
On June 19, 2000, the State indicated that the “authorization [...] of the
Public Prosecutor [was] a procedural error, because the correct procedure is the one
established in article 41 of [Act No.] 659” and that, if the representatives reject the
Central Electoral Board’s authority to examine the matter, “they [should] resort to
the ordinary courts.”
22.
On February 22, 2001, during its one hundred and tenth regular session, the
Commission adopted Report No. 28/01, in which it declared that the case was
admissible and decided to proceed to consider the merits. In this regard, the
Commission stated that:
The petitioners do not have the legal standing to file judicial proceedings, since they
must ask the Public Prosecutor to do this, according to article 41 of Act 659. Also, the
arguments that appear in the file show that the Public Prosecutor did not authorize the
judge of first instance to initiate the investigation in order to grant the late declaration of
birth of the Yean and Bosico children, as established in the said article 41 of Act [No.]
659.
[…] In this case, the State has not specified in detail the appropriate and effective
remedies that the petitioners should have exhausted.
[…] The State has not provided evidence that the administrative decisions of the Public
Prosecutor or the Central Electoral Board may be modified by an appropriate remedy;
and the State did not contradict the arguments of the petitioners with regard to the
absence of mechanisms that would allow the petitioners to appear directly.
[…] The Commission considered that the petitioners had exhausted the remedies
expressly established in the domestic laws in force and as established in article 46(1) of
the American Convention. Also, there are no appropriate remedies in the domestic
jurisdiction that should be exhausted before having recourse to the international
instance, so that, in the instant case, the exception of exhaustion of domestic remedies
established in Article 46(2)(a) applies.
23.
On April 17, 2001, the representatives indicated that they were not interested
in being a party to a friendly settlement in this case and wanted a hearing to be held
in order to discuss the merits of the matter.
24.
On August 24, 2001, the Commission held a meeting in the Dominican
Republic attended band the representatives and the State, in order to reach a
friendly settlement. On August 27, 2001, the Commission convened a hearing on the
merits of the case.
25.
On October 1, 2001, the State informed the Commission that “accepting the
friendly settlement proposed by the Commission, it ha[d] decided to grant birth
certificates to the children,” and attached copies of the records of the birth
certificates in the names of the children Dilcia Yean and Violeta Bosico; both records
were issued on September 25, 2001.
26.
On October 17, 2001, the representatives informed the Commission that,
even though the granting of the children’s birth certificates by the State was an
important step forward, they considered that this action did not constitute a friendly
settlement in this case, because, during the hearing of March 6, 2000, the State had
not considered any of the points they had proposed.
27.
On November 15, 2001, during its one hundred and thirteenth regular
session, the Commission held a hearing on the merits of the case. The State
indicated that the Dominican Republic did not have a policy of discrimination based
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