the Court considers it appropriate to deal with these arguments of the State before
examining the facts of the case and their legal effects. This is in order to determine, first,
the persons regarding whom it will analyze whether their rights have been violated. For
the same reasons and purpose, the Court will also include in this evaluation an
examination of information and arguments that, even though the State did not relate
them to the “preliminary issue” that it raised, are closely related to the identification of
the presumed victims in this case. In doing so, the Court will abide by the criteria
established for the assessment of evidence, which is indicated below (infra paras. 193 to
198).
A.1. Arguments of the parties and the Commission
60. The State, in its answering brief, asserted that the Court could only consider the
following as presumed victims: “Willia[n] Medina Ferreras”; “[Aw]ilda Medina”; “Luis Ney
Medina”; “Carolina Isabel Medina”; “Jeanty Fils-Aimé (deceased)”; “Janise Midi”; “Diane
Fils-Aimé”; “Antonio Fils-Aimé”; “Marilobi Fils-Aimé”; “Endry Fils-Aimé”; “Andrén FilsAimé”; “Carolina Fils-Aimé”; “Bers[s]on Gelin” and “Rafaelito Pérez Charles.” In this brief,
it filed an “objection that [certain] persons were not qualified to be considered presumed
victims” as a “preliminary issue.” The State also referred to Benito Tide and to the
members of his family, and also to the members of the Jean family. 46 In addition, in
raised questions regarding the following persons, who it grouped by family:
[A] Medina family: (1) Lilia Jean Pierre [and] (2) Kimberly Medina Ferreras
[B] Fils-Aimé family: (1) Juan Fils-Aimé and (2) Nené Fils-Aimé
[C] Gelin family: (1) [Julie Sainlice,] (2) Jamson Gelin, (3) Faica Gelin, (4) Kenson Gelin, [and] (5)
William Gelin
[D] Sensión Family: (1) Antonio Sensión, (2) Ana Virginia Nolasco, (3) Ana Lidia Sensión, (4)
Reyita Antonia Sensión, (5) Ana Dileidy Sensión, (6) Maximiliano Sensión, (7) Emiliano Mache
Sensión, [and] (8) Analideire Sensión
[E] Andrea Alezy, and
[F] Pérez Charles family: (1) María Esther [Matos Medina], (2) Jairo Pérez Medina, and (3)
Gimena Pérez Medina (bold in the original text).
61. The State also presented information and concerns regarding the identity or
relationship of some of the persons who, in its answering brief, it had indicated that they
could be considered presumed victims. These persons are: Willian Medina Ferreras, Awilda
Medina, Luis Ney Medina, Carolina Isabel Medina, and Jeanty Fils-Aimé, according to the
names that have been established (infra paras. 83 and 86). In addition, in its final written
arguments, on the basis of arguments relating to the statements made before the Court
after it had presented its answering brief, it objected to Marilobi, Andren and Carolina, all
surnamed Fils-Aimé. The case file before the Court also contains documents in which the
State presented information and arguments on data related to the identity of Jeanty FilsAimé, Bersson Gelin and Rafaelito Pérez Charles (hereinafter also “Mr. Pérez Charles”), 47
which the Court finds it desirable to deal with prior to analyzing the merits of the case.
The State’s arguments and information are described below (grouped by the family of the
persons to whom the said concerns refer).
62. Medina family. The State indicated that, in the case of Lilia Jean Pierre, the
Commission had founded “its application” on “presumed sworn statements of Willia[n]
46
Regarding the members of the Jean family, in the “preliminary issue,” the State repeated substantially the
same arguments as it had submitted with regard to the objection ratione personae that it had filed (supra para.
49). In this regard, the Court has already taken the respective decision (supra paras. 52 to 57). Nevertheless, it
will include other considerations on members of the Jean family in this section (infra para. 93).
47
Cf. The State’s thirtieth report on compliance with the provisional measures ordered by the Court in the
Matter of Haitians and Dominicans of Haitian origin in the Dominican Republic of September 8, 2006, and the
attached documents (file of annexes to the Merits report annex 38, fs. 302 to 345).
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