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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