a child at the time of the expulsion and died in Haiti in 2004. 185 All three have birth certificates, and the first also has a Dominican identity card (infra para. 207). 201. In November 1999 or January 2000, 186 during the early morning hours, 187 State officials from Pedernales came to the Medina family’s home 188 and all the members were taken, together with other persons, to a prison in Oviedo where they were detained for several hours, without prior verification of their documentation. 189 According to Willian, he presented his documents, a “photocopy of [his] identity card and [one] of [his] birth [certificate …] and gave them to the immigration people,” but “they tore them up and [he] had [his] original birth certificate.” 190 Later they were put in a van with other people and 184 Cf. Certification of birth declaration of Luis Ney Medina issued by the Central Electoral Board, Civil Registry (file of annexes to the Merits report, annex 10, f. 163), and extract from birth certificate of Luis Ney, issued by the National Civil Registry Directorate, Central Electoral Board, on October 17, 1999 (file of annexes to the motions and arguments brief, annex B03, f. 3497). It should be noted that the birth certificate is handwritten and records that Luis Ney is the son of Willian Medina, but the second surname is illegible. In addition, in the extract from the birth certificate and in the full birth record of Luis Ney, he appears as the son of Willian Medina “Taveras,” so that the Court, in the absence of evidence indicating the contrary, understands that this is a clerical error in the transcription of the surname. 185 Cf. Certification of birth declaration of Carolina Isabel issued by the Central Electoral Board, Civil Registry (file of annexes to the Merits report, f. 165). The document indicates that the child was born on September 21, 1995, and the name of the father is Willian Medina. It should be noted that the representatives attached an extract from the birth certificate of Carolina Isabel, issued by the National Civil Registry Directorate, Central Electoral Board, indicating that she was born on November 21, 1999 (file of annexes to the motions and arguments brief, f. 3499). In addition, it should be noted that the birth certificate is handwritten and records that Carolina Isabel is the daughter of Willian Medina, but the second surname is illegible, and in the extract from the birth certificate she appears as the daughter of Willian Medina “Herrera”; consequently, in the absence of evidence indicating the contrary, the Court understands that this is a clerical error in the transcription of the surname. The Court does not have the child’s death certificate, but the representatives reported her decease in their motions and arguments brief. 186 Cf. Affidavit made by Awilda Medina on September 24, 2013 (file of preliminary objections, merits and reparations, f. 1705), and statement made by Willian Medina to Columbia University on April 1, 2000 (file of annexes to the Merits report, annex 14, f. 186). In his statement to Columbia University, Willian Medina indicated that the facts had occurred in November 1999. Meanwhile, Awilda Medina stated that they took place in January 2000. Also, it should be noted that, during the public hearing before the Court, Willian Medina Ferreras stated that the expulsion took place in 1990. In this regard, the State indicated that, if the expulsion had occurred in 1990, it would have been implemented at a time when the Court did not have jurisdiction. However, the statement made by Willian Medina during the public hearing reveals that he was expelled together with his companion and their three children, and according to the information received, in 1990, his daughter Carolina Isabel had not been born; consequently, the Court finds that it was not possible that the expulsion took place in 1990. Based on the foregoing, and in view of the statement of Awilda Medina, the Court considers that the expulsion occurred subsequently, in November 1999 or January 2000. 187 Cf. Affidavit made by Awilda Medina, and statement made by Willian Medina during the public hearing. 188 It should be noted that, in her statement, Awilda indicated that, on the said day “a Mrs. Maribel [arrived] and ordered them to board a “guagua” (bus) (cf. Affidavit made by Awilda Medina). Also, Mr. Medina Ferreras stated that: “[t]he immigration officials came to [his] house at 3 a.m.; [he] didn’t have problems with anyone. They knocked on the door; when [he] opened the door the yard was full of soldiers. There [he saw] a woman who was the Head of Immigration, her name was Maribel, and from there they sent [him] to the garrison. […] When [he] reached the garrison, [he saw] someone and asked, who are these people? And they told [him] that those people are from immigration and have come to collect up the Haitians and repatriate them” (statement of Willian Medina Ferreras during the public hearing). However, Carmen Maribel Ferreras Mella, in her affidavit, stated that “it is not true that, as Head of Deportations, she went at 3 a.m., accompanied by seven officials of the Dominican Marines, knocking on the door of the Medina Ferreras family’s home, and that in November 2000, she no longer occupied that post” (Affidavit made by Maribel Ferreras Mella on September 16, 2013 (file of preliminary objections, merits and reparations, fs. 1697 and 1698. 189 Cf. Affidavit made by Awilda Medina, and Statement made by Willian Medina Ferreras during the public hearing. 190 Statement made by Willian Medina Ferreras during the public hearing. In its response, the State denied categorically that “a solider destroyed the photocopies of the Dominican identity card and birth certificate of Willian Medina Ferreras,” because “there is no evidence, either direct or circumstantial, that substantiates that anything like that could have occurred. Not even the name or nickname of the soldier who allegedly committed 66

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