established in Article 1(1) of the American Convention to respect the rights without
discrimination.
B.3. Conclusion
405. As established, the State violated the right to personal liberty (supra paras. 364 to
380 and 400 to 404) established in paragraphs 1, 2, 3, 4, 5 and 6 of Article 7 of the
American Convention, in relation to its failure to comply with the obligation to respect
rights without discrimination established in Article 1(1) of this instrument, to the
detriment of the persons who were deprived of liberty: Willian Medina Ferreras, Lilia Jean
Pierre, Luis Ney Medina, Awilda Medina, Carolina Isabel Medina (deceased), Jeanty FilsAimé (deceased), Janise Midi, Antonio Fils-Aimé, Diane Fils-Aimé, Endry Fils-Aimé,
Rafaelito Pérez Charles, Bersson Gelin, Victor Jean, Marlene Mesidor, Markenson Jean,
Victoria Jean (deceased), Miguel Jean and Natalie Jean, and also in relation to the rights of
the child recognized in Article 19 of the Convention, to the detriment of the victims who
were children at the time of the events.
406. The Court also concludes that, for the reasons described (supra paras. 381 to 389
and 400 to 404), the State violated the prohibition of the collective expulsion of aliens
recognized in Article 22(9) of the American Convention, in relation to failure to comply
with the obligation to respect rights without discrimination established in Article 1(1) of
the Convention, to the detriment of the victims of Haitian nationality: Lilia Jean Pierre,
Janise Midi, Marlene Mesidor and Markenson Jean, and also in relation to the rights of the
child recognized in Article 19 of the Convention, to the detriment of Markenson Jean who
was a child at the time of the events. In addition, the Court considers that the State
violated the right to freedom of movement and residence recognized in Article 22(1) and
22(5) of the American Convention, in relation to failure to comply with the obligation to
respect rights without discrimination established in Article 1(1) of the Convention, to the
detriment of the victims of Dominican nationality: Willian Medina Ferreras, Luis Ney
Medina, Awilda Medina, Carolina Isabel Medina (deceased), Rafaelito Pérez Charles, Victor
Jean, Victoria Jean (deceased), Miguel Jean and Natalie Jean, and also in relation to the
rights of the child recognized in Article 19 of the Convention, to the detriment of the
victims who were children at the time of the events.
407. Lastly, based on the foregoing considerations (supra paras. 390 to 397 and 400 to
404), the Court concludes that the State violated the rights to judicial guarantees and to
judicial protection, recognized in Articles 8(1) and 25(1) of the American Convention, in
relation to failure to comply with the obligation to respect the rights of the Convention
without discrimination established in Article 1(1) of the Convention, to the detriment of
Willian Medina Ferreras, Lilia Jean Pierre, Luis Ney Medina, Awilda Medina, Carolina Isabel
Medina (deceased), Jeanty Fils-Aimé (deceased), Janise Midi, Diane Fils-Aimé, Antonio
Fils-Aimé, Endry Fils-Aimé, Victor Jean, Marlene Mesidor, Markenson Jean, Miguel Jean,
Victoria Jean (deceased), Natalie Jean, Rafaelito Pérez Charles and Bersson Gelin, as well
as its obligations arising from the rights of the child, protected in Article 19 of the
Convention, to the detriment of the victims who were children at the time of the events.
129
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