the case file contains the Haitian electoral identity document of “Lilia Jean” and the birth
certificate of the same country for “Lilia Jean Pierre.” 58
80. The State also argued that there was a difference between the name of “Ana Virginia
Nolasco,” that appears in the Merits report, and the name of “Ana Virgil” that Antonio
Sensión mentioned in certain statements. Despite this, the Court takes note of the
representatives’ explanation that the “correct name” of Mrs. Nolasco in Creole is “Ana
Virgil,” which Antonio Sensión also indicated in his statement before the Court.
81. Lastly, a similar situation occurred with “William Medina Ferreras” and “Wilda
Medina.” The birth certificate of Willian Medina Ferreras has been provided to the Court, 59
and although the latter is named “Wilda Medina” in the Merits report, the Court has been
provided with documentation that substantiates that her name is Awilda Medina Pérez
(infra footnote 183).
82. Taking into account the evidence provided to the Court in the form of documents
substantiating identity and birth, and in accordance with the criteria concerning evidence
that are applicable to the case (infra para. 193 to 198), this Court considers that the
State’s arguments and the differences that exist in the said documents are insufficient to
find that the persons named in the Merits report have not been duly identified, or to
determine that they lack the family ties indicated, consequently, limiting their
consideration as presumed victims. Moreover, it is understood that, as the representatives
have indicated, Haitians living in the Dominican Republic tend to adopt the Spanish form
of their names.
83. Based on the above, the Court determines that, for the effects of this Judgment, it
will understand that the persons identified in the Merits report with other names – as in
the case of Lilia Jean Pierre, who is also known as “Lilia Jean” or “Lilia Pierre” or “Lilia
Pérez” or “Liliana Pérez”; of Ana Virginia Nolasco, whose name in Creole is “Ana Virgil,”
and of those who, according to the documentation presented, have accredited that their
names are Willian Medina Ferreras and Awilda Medina Pérez, who the Merits report refers
to as “William Medina Ferreras” and “Wilda Medina” – are the same persons, respectively,
and hereinafter the first names indicated in each case will be used.
A.2.2. Persons whose place of birth could not be determined
84. With regard to those who were identified in the Merits report as Jeanty Fils-Aimé,
born in “Dominican Republic” and Bersson Gelin, born “in Mencía, Pedernales, Dominican
Republic,” the documentation issued by the State 60 casts doubts on these data, indicating
that [neither Jeanty nor Bersson] were […] registered […] with those names […] in [its]
database, because the identity card number does not correspond […] to that of an identity
document, either [to the] previous or [to the] actual identity cards.” 61 Although Mr. Fils-
3495), and sheet with general information on Awilda Medina Pérez, issued by the Central Electoral Board, based
on its master list of those registered, on July 4, 2012 (file before the Commission, annex 3, f. 2183).
58
Cf. Electoral identity document and Haitian birth certificate of Lilia Jean Pierre (file of annexes to the Merits
report, annex 8, fs. 158 and 159).
59
Cf. Birth certificate of Willian Medina Ferreras, issued by the Central Electoral Board on January 14, 1994
(file of annexes to the Merits report, annex 38, f. 342).
60
The State’s thirtieth report on compliance with the provisional measures.
61
Note 34,143, signed by the President of the Central Electoral Board on September 22, 2006, attached to
the State’s thirtieth report on compliance with the provisional measures.
27