397. Based on all the above, the Court concludes that, owing to the particular
circumstances of this case, the victims did not have real and effective access to the right
to appeal, which violated the right to judicial protection recognized in Article 25(1) of the
American Convention, in relation to failure to comply with the obligation to respect rights
established in Article 1(1) of the Convention, to the detriment of Willian Medina Ferreras,
Lilia Jean Pierre, Luis Ney Medina, Awilda Medina, Carolina Isabel Medina (deceased),
Jeanty Fils-Aimé (deceased), Janise Midi, Diane Fils-Aimé, Antonio Fils-Aimé, Endry FilsAimé, Victor Jean, Marlene Mesidor, Markenson Jean, Miguel Jean, Victoria Jean
(deceased), Natalie Jean, Rafaelito Pérez Charles and Bersson Gelin, and also in relation to
the rights of the child recognized in Article 19 of the Convention, to the detriment of those
previously indicated who were children at the time of the facts.
B.2.3. The discriminatory nature of the expulsions (Article 1(1))
398. As already indicated (supra para. 262), the Court has determined that Article 1(1) of
the Convention “is a general norm the content of which extends to all the provisions of the
treaty, and establishes the obligation of the States Parties to respect and ensure the full
and free exercise of the rights and freedoms recognized therein without any
discrimination.” In other words, whatever the origin or form it takes, any treatment that
may be considered discriminatory in relation to the exercise of any of the rights ensured in
the Convention is per se incompatible with this instrument. 448 Consequently, the State’s
failure to comply, by any discriminatory treatment, with the general obligation to respect
and ensure rights gives rise to its international responsibility. 449 This is why the Court has
affirmed that there is an indissoluble connection between the obligation to respect and to
ensure human rights and the principle of equality and non-discrimination. 450 Article 24 of
the Convention recognizes a right that also entails the State obligation to respect and
ensure the principle of equality and non-discrimination in order to safeguard other rights
and in all the domestic laws that it enacts, 451 because this protects the right to “equal
protection of the law,” 452 so that discrimination resulting from an inequality that stems
from domestic law or from its application is also prohibited. 453
399. In this case, the representatives and the Commission argued that the deprivations of
liberty and the expulsions were based on racial motives; that is to say on discriminatory
acts or on a discriminatory practice by State agents (supra paras. 330 and 333).
400. In this regard, the State argued that it had not carried out the deprivation of liberty
and subsequent expulsion of the presumed victims (supra paras. 337 to 339). The Court
reiterates that it has already established that, at the time of the events there existed in
Dominican Republic a context of expulsions, including collective expulsions, of Haitians
448
Cf. Proposed Amendments to the Naturalization Provisions of the Constitution of Costa Rica. OC-4/84,
para. 53, and Case of Veliz Franco et al. v. Guatemala, para. 204.
449
Cf. Juridical Status and Rights of Undocumented Migrants. OC-18/03, para. 85, and Case of Veliz Franco et
al. v. Guatemala, para. 204.
450
Cf. Juridical Status and Rights of Undocumented Migrants. OC-18/03, para. 53, and Case of Veliz Franco et
al. v. Guatemala, para. 204.
451
Cf. Case of Yatama v. Nicaragua, para. 186, and Case of Norín Catrimán et al. (Leaders, members and
activist of the Mapuche Indigenous People) v. Chile, para. 199.
452
Proposed Amendments to the Naturalization Provisions of the Constitution of Costa Rica. Advisory Opinion
OC-4/84, para. 54, and Case of Norín Catrimán et al. (Leaders, members and activist of the Mapuche Indigenous
People) v. Chile, para. 199.
453
Cf. Case of Apitz Barbera et al. (“First Contentious Administrative Court”) v. Venezuela, para. 209, and Case
of Norín Catrimán et al. (Leaders, members and activist of the Mapuche Indigenous People) v. Chile, para. 199.
127
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents