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