70
condition of vulnerability of the children Dilcia Yean and Violeta Bosico (supra paras.
172 and 173).
XI
ARTICLES 8 AND 25 OF THE AMERICAN CONVENTION
(RIGHT TO A FAIR TRIAL AND RIGHT TO JUDICIAL PROTECTION)
Arguments of the Commission
198. In relation to the alleged violation of Articles 8 and 25 of the Convention, the
Commission argued that:
(a)
The children’s mothers made a direct request to the Public Prosecutor
of the District of Monte Plata to order the registration of their daughters in the
Civil Status Registry Office, because the Public Prosecutor is the person
responsible for monitoring and reporting on errors committed by the
registrars. The Public Prosecutor rejected the petition and ordered the file to
be returned to the Registry Office;
(b)
The State’s legislation establishes two procedural measures for
revision of the decisions of the Civil Status Registry Office on requests for late
declaration: the administrative procedure which devolves upon the Public
Prosecutor and can also be reviewed by the Central Electoral Board; and that
of the court of first instance. These measures do not provide for an appeal
against a negative decision by the Registry Office. The Central Electoral Board
is not a judicial authority, nor does it belong to the judicial system under
Dominican law; moreover, its decisions cannot be appealed, so that the
hierarchic recourse cannot be considered an effective remedy. The alleged
victims lacked the legitimacy to file a legal action, and their requests were
never reviewed by a competent court;
(c)
The remedy of amparo did not exist in law at the time of the facts, and
the remedy of unconstitutionality was not appropriate in the case of
administrative acts until 1998; and
(d)
The State has not investigated, sanctioned or repaired the alleged
violations committed by its agents in this case.
Arguments of the representatives
199. With regard to the alleged violation of Articles 8 and 25 of the Convention,
the representatives indicated that:
(a)
The State has not established a mechanism or procedure for appeal
before a competent judge or court against a decision not to register an
individual. Despite several reasonable attempts by the mothers of the children
Dilcia and Violeta, the negative decision of the Civil Status Registrar was
never reviewed by a competent and independent court;
(b)
There are two procedures for reviewing the decisions of a civil status
registrar: (1) the review established in Act No. 659, and (2) review by the
administrative authority responsible for recording the registrations, in this
case the Central Electoral Board. The Central Electoral Board is not regulated
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