by the statements of the presumed victims, which obviously lack any objectivity.” 179 In
this regard, added to the foregoing, the Court considers that it is pertinent to take into
account in the instant case that the presumed victims form part of a population whose
members, as indicated, “usually lived in poverty and were undocumented (supra para.
171). Owing to this situation of vulnerability, it can be inferred that the presumed victims
have encountered difficulties to file complaints, to institute and to promote investigations
and proceedings, or in any way to obtain evidence that would prove reliably the events
that allegedly occurred to them. In this context, it is possible that activities of non-State
entities (such as universities or civil society organizations), have been the means that, in
the absence of others, have been accessible to the presumed victims in order to recount
the alleged facts of this case. In addition, in view of this situation, the Court finds it
understandable that there can be differences or contradictions in the statements of the
presumed victims and considers that, in the instant case, this does not affect the overall
credibility of the statements. On this basis, the Court must, as required, examine the
statements meticulously.
198. Bearing in mind the above, the Court finds it admissible, in this case, to assess the
statements made by the presumed victims during the processing of this case before the
Court, to the extent that they narrate facts that are in agreement with the contextual
situation that has been established (supra paras. 153 to 171). Other statements given by
the presumed victims, admitted as documentary evidence (supra paras. 124), will be
considered in a subsidiary or complementary manner. And this is, evidently, without
prejudice to the consideration of other types of evidence provided to the Court.
B.2. Facts regarding the members of the different families
B.2.1. Medina family
199. Willian Medina Ferreras was born in Cabral, Dominican Republic, on November 14,
1966, and has a Dominican identity card. 180
200. Mr. Medina lived in Oviedo, Pedernales, Dominican Republic, where he worked as a
farmer. 181 He lived with his companion Lilia Jean Pierre, also known as Lilia Pierre or Lilia
Pérez or Liliana Pérez or Lilia Jean (supra para. 83), who was born in Haiti, 182 and his
three children, born in the Dominican Republic: Awilda Medina Pérez born on February 7,
1989, 183 Luis Ney Medina born on June 14, 1990, 184 and Carolina Isabel Medina, who was
179
The State added that “the case file lacks any probative element that supports beyond a reasonable doubt a
declaration of international responsibility for facts and acts related to the factual framework of the case.” The
representatives, for their part, alleged that “most of the [presumed] victims […] are illiterate and live in rural
areas, in a situation of extreme poverty,” and that “[d]espite the conditions in which they live, the [presumed]
victims have maintained their story of what happened for 15 years and have persisted in their search to obtain
justice. Their accounts were always credible and consistent with the general context in which the facts occurred.”
180
Cf. identity card of Willian Medina Ferreras issued by the Central Electoral Board (file of annexes to the
Merits report, annex 7, f. 156); birth certificate of Willian Medina Ferreras; extract from birth certificate of Willian
Medina Ferreras, issued by the National Directorate of Civil Registries, Central Electoral Board (file of annexes to
the motions and arguments brief, annex B01, f. 3493), and sheet with general information on Willian Medina
Ferreras, issued by the Central Electoral Board, based on its master list of those registered, on December 2, 1999
(file of annexes to the Merits report, annex 38, f. 341).
181
Cf. identity card of Willian Medina Ferreras; Statement made by Willian Medina Ferreras during the public
hearing held before the Court on October 8, 2013, and sheet with general information on Willian Medina Ferreras.
182
Cf. Electoral identity document and Haitian birth certificate of Lilia Jean Pierre, and Statement made by
Willian Medina Ferreras during the public hearing.
183
Cf. Certification of birth declaration of Awilda Medina, issued by the Central Electoral Board, Civil Registry
(file of annexes to the Merits report, annex 9, f. 161); extract from birth certificate of Awilda Medina, and sheet
with general information on Awilda Medina.
65
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