B.1.1. Recognition of nationality to the Dominicans and residence permits for the
Haitians
B.1.1.1. Willian Medina Ferreras and the members of his family
449. The Commission asked the State to permit all the victims who are still in Haitian
territory to return to the territory of the Dominican Republic and to take the measures
required: (a) to recognize the Dominican nationality of Willian Medina Ferreras, Awilda
Medina, Luis Ney Medina, Miguel Jean, Victoria Jean and Natalie Jean and to provide or to
replace all the necessary documentation proving that they are Dominican nationals; (b) to
provide “Bersson Gelin and Victor Jean with the necessary documentation certifying that
they were born Dominican territory, and to facilitate the procedures corresponding to the
recognition of their Dominican nationality,” and (c) to allow Lilia Jean Pierre, Janise Midi,
Ana Virginia Nolasco, Marlene Mesidor and Markenson Jean, Haitian nationals, to live with
their families in Dominican territory as legal residents.
450. The representatives asked the Court to order the State to grant, as soon as possible,
“the official documents recognized by the State to certify the identity of the Dominicans,
so that they may use these documents for the relevant purposes.” They also asked that
the State “grant the appropriate immigration status to each of the victims, who are
Haitian citizens, so that they may remain lawfully in Dominican territory with the members
of their families.”
451. The State asserted that “[r]egarding the recognition of the Dominican nationality of
the presumed victims, […] it is only able to act in accordance with the domestic laws that
are in force, and […] is unable to circumvent the legal requirements for granting
nationality.” It indicated that, as appropriate and based on the decisions reached by the
Court, it “will proceed accordingly, provided that the presumed victims agree to comply
with the requirements established by domestic law for the granting of Dominican
nationality, if this is in order.”
452. The Court has determined that the authorities’ disregard of the personal
documentation of Willian Medina Ferreras, Awilda Medina, Luis Ney Medina and Carolina
Isabel Medina (deceased), entailed the violation, inter alia, of their right to nationality
(supra para. 276). The Court also recalls that, in its answering brief, the State
underscored that it had “indicate[d] opportunely that ‘Willia[n] Medina Ferreras, [A]wilda
Medina [and] Luis Ney Medina […] are Dominican citizens […] so that there is no objection
to replacing the corresponding documentation, either the birth certificate or the identity
card, as appropriate.” Therefore, the Court considers that, within six months, the
Dominican Republic must adopt the measures required to ensure that Willian Medina
Ferreras, Awilda Medina and Luis Ney Medina have the necessary documentation to prove
their identity and their Dominican nationality, and must, if necessary, proceed to replace
or restore documentation, as well as to take any other measure required in order to
comply with this decision, free of charge.
453. The Court notes that Law No. 169-14 institutes a procedure to regularize
documentation and has determined that articles 6, 8 and 11 of this law are contrary to the
Convention, but not that the law as a whole is contrary to this instrument. Having
established this, it must be indicated that it is not pertinent for the Inter-American Court
to rule on whether or not the articles of this law that have not been declared contrary to
the Convention by the Court are appropriate to comply with the measure ordered in the
preceding paragraph. However, it is pertinent to indicate that Law No. 169-14, or any
other procedure, must be implemented in keeping with the decisions made in this
Judgment and, in particular, with the provisions of the preceding paragraph.
142
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