Aimé stated that he was born in the Dominican Republic, 62 the State attached copies of the sworn statements of six individuals who indicated that the name of “Jeanty Fils-Aimé” is “Yantil” or “Fanty” and that he is a Haitian national. The State added that, the affidavit prepared by Bersson Gelin and presented to the Court records that he “identifie[d] himself with [a] Haitian identity document,” and stated that “[a]lthough [he] was born in the Dominican Republic, [he has] a Haitian birth certificate.” Consequently, the Secretariat, on the instructions of the President, requested helpful evidence and, in response, on May 22, 2014, the representatives presented copies of the Haitian identification documents of Jeanty Fils-Aimé (with that name) and of Bersson Gelin indicating that they were born in the Haitian town of Anse-à-Pitres. 85. Regarding Nené Fils-Aimé, the Commission and the representatives stated that he was born in Dominican territory and that he is the son of Jeanty Fils-Aimé and Janise Midi; whereas the State asserted, as it did with regard to other members of the Fils-Aimé family, that his birth was not registered. Also, Janise Midi stated that Nené Fils-Aimé is the son of Jeanty Fils-Aimé, but is not her son, and that she believed that he was born in Haiti. 63 In addition, in her affidavit presented to the Court, Janise Midi stated that her children “Endry, Antonio and Diane were born in the Dominican Republic.” She added that, when she was in Haiti, she “registered [her] children in Haiti, because they needed documents in order to attend school.” In this regard the State indicated that “this is proof […] that the members of the Fils-Aimé family have Haitian documents, based on their Haitian nationality.” 86. The representatives alleged “the difficulties and obstacles faced by persons of Haitian descent born in Dominican territory to obtain documents accrediting their nationality.” However, the Court considers that this assertion is unrelated to the issue of Haitian documents and, therefore, cannot consider it proved that the persons identified as Jeanty Fils-Aimé, Bersson Gelin and Nené Fils-Aimé have Dominican documentation, or that they were born in Dominican territory. Also, the Court cannot consider proved that Diane FilsAimé, Antonio Fils-Aimé and Endry Fils-Aimé were born in Dominican territory. The Court places on record that it will use the name Bersson Gelin for the person who the Merits report identified as “Berson Gelin,” and “Jeanty Fils-Aimé” for the person who the representatives in their motions and arguments brief and the Commission in the Merits report identified with that name. 87. The Court considers that the impossibility of determining the country of birth of these persons does not prevent them from continuing to be presumed victims in this case. Moreover, it will not consider that the place or birth or nationality of any of these persons has been proved and, with regard to Nené Fils-Aimé, neither has his maternal filiation (infra para. 209) A.2.3. Absence of powers of attorney in favor of the representatives 88. The State raised other questions related to the presumed lack of representation of William Gelin and Nené Fils-Aimé, owing to the alleged absence of powers of attorney in favor of the representatives. The Court considers that the alleged absence of powers of attorney refers to the legal representation of these persons and not to their status as presumed victims. Moreover, the Court has indicated “the consistent practice of this Court with regard to the rules of representation has been flexible” and that “it is not essential 62 Cf. Statement made by Jeanty Fils-Aimé to Columbia University on April 1, 2000 (file of annexes to the Merits report, Annex 19, fs. 212 to 219), and Affidavit made by Janise Midi on September 24, 2013 (file of preliminary objections, merits and reparations, f.1711). 63 Cf. Affidavit made by Janise Midi. 28

Select target paragraph3