211. From 1999 to date, the Fils-Aimé family has lived in Anse-à-Pitres, Haiti. Mrs. Midi is afraid and does not want to return to the Dominican Republic, but indicated that perhaps when her children are grown they may want to return. She would like her children who were born in the Dominican Republic to have Dominican documents, because they could then return to that country, look for work, and make a life for themselves there. 215 212. On March 20, 2002, safe-conducts were issued to the members of the Fils-Aimé family as a result of the agreement reached when the provisional measures were being processed before the Inter-American Court. 216 In addition, a damaged copy of Jeanty FilsAimé’s safe-conduct was provided to the Court. 217 Subsequently, on April 10, 2010, as part of the provisional measures procedure, the State renewed and granted new safeconducts to all the members of the family. 218 B.2.3. Bersson Gelin 213. Bersson Gelin stated that he was born in Mencía, Pedernales, Dominican Republic, and does not have a Dominican birth certificate or identity card, but does have a Haitian birth certificate and identity document. 219 He has lived in Haiti since 1999 with his companion and his three children. 220 Bersson Gelin stated that he was expelled on two occasions, the second in 1999, which falls within the Court’s competence. He stated that, on December 5 that year, while he was going to work, he was stopped, made to board a “guagua,” 221 and then taken to Haiti. 222 answering brief, f. 6222). This latter certification indicates that “after a thorough search in the archives for which [it] is responsible from 1958 to 2012, […]: Nene, Diane, Antonio and Endry are not registered in this Registry Office.” The Court will understand that, as established in article 39 of Law No. 659 of the Dominican Republic, the opportune and late declarations are the birth declarations of natural children made before the Civil Registrar in the place where the birth took place within 30 days if they are opportune and within 60 days if they are late (Cf. Law No. 659 of July 17, 1944, on Civil Status Procedures, which includes provisions on death certificates and registrations. File of annexes to the answering brief, fs. 5705 to 5750). 214 Note No. 044-13 of the General Directorate of Immigration, certifying that there is no record of the deportation of Nené, Diane, Antonio, and Endry, all surnamed Fils-Aimé, or of Janise Midi, among other persons mentioned on a list. 215 Cf. Affidavit made by Janise Midi. 216 Safe-conducts of: Janise Midi, Antonio Fils-Aimé, Endry Fils-Aimé, Diane Fils-Aimé and Jeanty Fils-Aimé, issued on March 20, 2002, by the General Directorate of Immigration (file of annexes to the Merits report, annex 22, fs. 229 to 237). 217 Cf. Safe-conduct of Jeanty Fils-Aimé, damaged, issued on March 20, 2002, by the General Directorate of Immigration (file of annexes to the Merits report, annex 23, f. 253). 218 Safe-conducts of: Janise Midi, Antonio Fils-Aimé, Endry Fils-Aimé, Diane Fils-Aimé, issued on April 10, 2010, by the General Directorate of Immigration (file of annexes to the motions and arguments brief, annex B06, fs. 3517 and 3518). A safe-conduct in the name of Jeanty Fils-Aimé was also provided, and this Court notes that it was issued after his death. 219 Cf. Birth certificate of the Republic of Haiti of Bersson Gelin (file of preliminary objections, merits and reparations, f. 3749), and Haitian identity card issued on July 29, 2005 (file of preliminary objections, merits and reparations, f. 3748). 220 Cf. Affidavit made by Bersson Gelin on September 24, 2013 (file of preliminary objections, merits and reparations, f. 1708). 221 For the effects of this Judgment, the Court understands “guagua” to mean an automotive vehicle that provides urban or interurban services. 222 Cf. Affidavit made by Bersson Gelin. In his affidavit, he stated that the expulsion took place in 1999, when he “was detained in La Romana, [he] was walking to work and the guards stopped him, ill-treated him, pointed a rifle at him,” and “forced him to go to Anse-à-Pitres.” 70

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