continued after the expulsions. It affirmed, in its brief with observations on the preliminary objections, that the “effects” of the expulsion of Mrs. Nolasco, Ana Lidia Sensión and Reyita Antonia Sensión “extended” after March 25, 1999, because the “family reunification” and the return to Dominican territory was in 2002. However, during the public hearing, it did not refer to “effects,” but rather to “continuance,” indicating that “the deportations were the start of implementation, but the structural conditions continued after the acceptance of jurisdiction.” It also stated on that occasion that “the fact that a factual situation begins to be implemented before the acceptance of […] jurisdiction, does not remove the individuals from the Court’s protection in case of subsequent acts or omissions. [… S]ubsequent acts exist that constitute autonomous violations.” 39. The representatives agreed, in substance, with the Commission. However, they indicated that they were “not submitting the facts relating to the expulsion of Benito Tide Méndez to the Court’s consideration, because they took place in 1998,” and clarified that these alleged acts “did not continue once [the] Court had acquired competence.” In addition, like the Commission, they referred to both the “continuance” of the acts and to their “effects.” Thus, on the one hand, they indicated, in relation to Mrs. Nolasco, Ana Lidia and Reyita Antonia Sensión, that the facts, “although they began to occur before March 25, 1999, continued to occur up until 2002.” In addition, they alleged that, “in the case of the Sensión family, […] the effects of the expulsion remained over time, in the sense that Mrs. Sensión and her daughters were unable to return to the Dominican Republic for […] eight years and remained separated from Mr. Sensión for all that time; thus […] there was a continuing violation […] of the rights of the family.” Unlike the Commission, the representatives did not refer to the alleged impunity in relation to the objection of lack of temporal competence. B.2. Considerations of the Court 40. The State deposited the document ratifying the American Convention before the General Secretariat of the Organization of American States on April 19, 1978, and the treaty entered into force on July 18 that year. The State accepted the jurisdiction of the Court on March 25, 1999. Based on this, and on the principle of non-retroactivity, codified in Article 28 of the 1969 Vienna Convention on the Law of Treaties, the Court is able to examine the acts or facts which took place after the acceptance of its competence, even those that began before that date, but execution of which is continuing or permanent. 34 41. Having established the above, the Court must analyze the Commission’s observation regarding the “impunity” in which the alleged human rights violations remain, even those relating to expulsions or deportations that took place before March 25, 1999. In this regard, the Court has indicated that: Even when a State obligation refers to acts that took place before the date of the acceptance of the respective jurisdiction, the Court is able to analyze whether or not that obligation was met by the State as of that date. In other words, the Court may make the said examination to the extent that this is feasible based on independent acts that occurred within the temporal limit of its competence. 35 42. The Court notes that the Commission did not identify independent acts that occurred after March 25, 1999, but rather referred, in general, to case law on “the State obligation to act with due diligence in the face of human rights violations,” including the duty to 34 Cf. Case of Blake v. Guatemala. Preliminary objections. Judgment of July 2, 1996. Series C No. 27, para. 40, and Case of Osorio Rivera and family members v. Peru. Preliminary objections, merits, reparations and costs. Judgment of November 26, 2013. Series C No. 274, para. 32. 35 Case of García Lucero et al. v. Chile. Preliminary objection, merits and reparations. Judgment of August 28, 2013. Series C No. 267, para. 30. 17

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