“investigate,” and did not provide any grounds other than this background information. In
particular, it did not explain why, under the applicable domestic or international law, the
State had a duty to investigate the alleged facts in this case. In addition, it did not
indicate that there had been, either before or after March 25, 1999, proceedings relating
to the investigation of the facts, or claims made requiring this, or any other act or fact
related to it. Consequently, when determining its temporal competence, the Court is
unable to consider the alleged “impunity” of the facts of the case. Since this is true of all
the alleged acts of expulsion, both those had took place prior to March 25, 1999, and
those that occurred subsequently, the Court will not take into account the alleged
“impunity” when examining the merits of the violations alleged in relation to acts for which
it has competence.
43. Having established the foregoing, it should be noted that the alleged expulsions in
this case are acts whose execution concluded with their implementation; that is, with the
implementation, ordered and imposed by State authorities or officials, of the removal of
the person in question from the State’s territory. The aftereffects of such acts do not
constitute their continuing nature, and therefore the Court cannot examine them, 36 unless
they are independent acts that constitute the violation of other treaty-based rights.
44. Consequently, the Court will not examine the following facts and effects, because
they fall outside its temporal competence and, furthermore, they were not submitted to its
consideration:
a)
The facts relating to the alleged expulsion of Benito Tide Méndez from
Dominican territory in 1998, and its effects; 37
b)
The facts relating to the alleged expulsion of Bersson Gelin in 1995, or its
effects;
c)
The facts relating to the detention and expulsion of Ana Virginia Nolasco, Ana
Lidia Sensión and Reyita Antonia Sensión in 1994, 38 and
36
Cf. similarly, Case of Alfonso Martin del Campo Dodd v. Mexico. Preliminary objections. Judgment of
September 3, 2004. Series C No. 113, para. 78, and Case of García Lucero et al. v. Chile, para. 36.
37
Despite the foregoing, in its Merits report, the Commission indicated among the facts the steps that Mr.
Tide had taken in 2007 to replace his Dominican identity card, and related this to the alleged violation of the right
to juridical personality and to equality before the law. The Court would have temporal competence to examine
these facts. However, for reasons of procedural economy it should be noted that there is no evidence of this fact,
which the Commission asserted based on the “observations on the merits of the case presented [to the
Commission] by the representatives [that] were not contested by the State.” In addition, it emerges prima facie
that these facts, taken in isolation, only describe steps taken by Mr. Tide (the completion of which is not
recorded), so that they do not prove infringements of treaty-based rights. In fact, they indicate that Benito Tide
Méndez “had lost” his “Dominican identity card”; that “he tried to replace” it, and that Dominican authorities
“refused” to do this, because they told him that he must “go to the Central Electoral Board” because “he was
being investigated.” In this regard, the Commission considered that “the steps taken [by Benito Tide Méndez] in
order to recover his documentation encountered several obstacles and additional requirements, and he was
allegedly refused the documentation owing to an investigation that was underway.” Hence, the Commission did
not assert conclusively, but only potentially, that the “documentation” “had allegedly been refused,” and did not
provide explanations, other than those described, as to why the supposed “obstacles and additional
requirements,” or the said “investigation” would, in themselves, give rise to violations of treaty-based rights. The
Court considers that the facts described and the considerations, isolated from other facts concerning Benito Tide
Méndez that the Court is unable to analyze owing to the limits to its temporal competence, reveal a priori that it
is not possible to infer violations of the American Convention; accordingly, it is not necessary to analyze these
circumstances. Thus, the Court is unable to examine any presumed act or fact relating to Benito Tide. This means
that the Court cannot rule on the members of Mr. Tide’s family, because the allegations with regard to them are
based on a connection to the supposed acts that concern him.
38
It is relevant to establish that the Court will not examine the allegations relating to the presumed
impossibility of Ana Lidia Sensión and Reyita Antonia Sensión to present their personal documentation to the
authorities, or the supposed destruction of this documentation. In this regard, it should be explained that, in the
Merits report, the Commission determined that Ana Lidia Sensión and Reyita Antonia Sensión, “during their
arbitrary detention and expulsion, […] were not given the opportunity to present [their] documentation [or this]
18