the Merits report as Jeanty Fils-Aimé is not registered, and referred to statements by
individuals who have said that the real name of the person indicated is “Yantil” or “Fanty”
and that he is Haitian. 50
65. Gelin family. The State alleged that the representatives had waived the possibility of
presenting arguments in favor of Julie Sainlice, 51 Jamson Gelin, Faica Gelin and Kenson
Gelin, because their situation related to the life of Bersson Gelin and his family in Haiti,
and had no causal nexus with the supposed facts of the case; in addition, the State had
obligations with regard to individuals in its territory, and could not “assess facts or acts
[…] that occurred outside [this].” It also asserted that the power of attorney granted by
Bersson Gelin “does not include [Willian Gelin] as a beneficiary of the legal defense and
request for reparations” and that, even though Julie Sainlice granted a power of attorney
on May 9, 2012, neither the Commission nor the representatives named this person as a
presumed victim. Also, in relation to the person who was identified as Bersson Gelin in the
Merits report, a document exists in which the State affirmed that his supposed Dominican
identity card was not registered. 52
66. Sensión Family. Regarding Antonio Sensión, Reyita Antonia Sensión Nolasco
(hereinafter also “Reyita Antonia Sensión” or “Reyita Antonia”), Ana Lidia Sensión Nolasco
(hereinafter also “Ana Lidia Sensión” or “Ana Lidia”) and Ana Virginia Nolasco, the State
asserted that the signature of Antonio Sensión on the power of attorney that he granted
does not coincide with the signatures on the three sworn statements provided by the
Commission and, also, that the power of attorney does not bear the signature or seal of
the notary public. It also questioned Ana Virginia Nolasco, alleging that Antonio Sensión
refers to his wife as “Ana Virgil” in his statements of May 8, 2001, and March 27, 2007,
but the Commission, in the brief submitting the case and in the Merits report, and the
representatives in their motions and arguments brief, refer to Ana Virginia Nolasco.
Furthermore, the State indicated that the representatives had waived the possibility of
presenting arguments in favor of Ana Dileidy, Maximiliano, Emiliano and Analideire, all
surnamed Sensión; moreover, as Maximiliano was deceased, and “since he has been
established as an indirect victim,” his “eventual right to reparations has ceased.”
67. Pérez Charles family. The State affirmed that, according to the official records, María
Esthel Matos Medina, who the Merits report refers to as “María Esther Medina Matos,” is
not the mother of Rafaelito Pérez Charles. However, the representatives indicated that
Clesineta Charles 53 agreed to register Rafaelito as her son due to problems experienced by
Mrs. Matos Medina who, according to the representatives, is his real mother. However,
this statement alone does not disprove the legal presumption juris et de jure provided by
Rafaelito’s birth certificate. Regarding Jairo and Gimena, both surnamed Pérez Medina, the
State indicated that doubts exist about their relationship to Mr. Pérez Charles, because
this has not been proved. The State indicated, on the one hand, that it has not been
alleged or proved that they are the children of Rafael Pérez, father of Rafaelito Pérez
Charles and, on the other hand, that, since Mrs. Matos Medina is not the mother of the
latter, the maternal surname is different.
50
The State’s thirtieth report on compliance with the provisional measures mentions that Jeanty Fils-Aimé is
“Yantil” or “Fanty.”
51
During the public hearing, the State added that its arguments were not altered by the representatives’
explanation about the name of the person identified in the Merits report as “Gili Sainlis” who, according to this
explanation, is Julie Sainlice (supra footnote 11).
52
The State’s thirtieth report on compliance with the provisional measures.
53
Although the representatives referred to “Clerineta Charles” in the motions and arguments brief, for the
effects of this Judgment, the Court will refer to her as “Clesineta Charles,” because this is the name that appears
on the birth certificate of Rafaelito Pérez Charles (infra para. 95).
24