6, 8 and 11 of Law No. 169-14, with its obligation to adopt domestic legal provisions,
established in Article 2 of the American Convention on Human Rights, in relation to the
rights to recognition of juridical personality, to a name, and to nationality, as well as the
right to identity, owing to the said violations taken as a whole, and the right to equality
before the law, recognized in Articles 3, 18, 20 and 24 of the Convention, in relation to the
failure to comply with the obligations established in Article 1(1) of the Convention, to the
detriment of Victor Jean, Miguel Jean, Victoria Jean and Natalie Jean, in the terms of
paragraphs 302 to 325 of this Judgment.
11. It is not necessary to rule on the alleged violation of the rights to personal integrity
and to property recognized in Articles 5(1) and 21(1) of the American Convention on
Human Rights, in the terms of paragraphs 438, 442 and 443 of this Judgment.
AND ESTABLISHES
unanimously that:
12.
This Judgment constitutes per se a form of reparation.
13. The State must adopt, within six months of notification of this Judgment, the
necessary measures to ensure that Willian Medina Ferreras, Awilda Medina and Luis Ney
Medina have the necessary documentation to prove their Dominican nationality and
identity, in the terms of paragraph 452 of this Judgment. In addition, the State must
adopt the necessary measures to annul the administrative investigations, as well as the
civil and criminal judicial proceedings underway relating to the records and documentation
of Willian Medina Ferreras, Awilda Medina, Luis Ney Medina and Carolina Isabel Medina, in
the terms of paragraphs 457 of this Judgment.
14. The State must adopt, within six months of notification of this Judgment, the
necessary measures to ensure that Victor Jean, Miguel Jean, Victoria Jean and Natalie
Jean are duly registered, as appropriate, and have the necessary documentation to prove
their Dominican nationality and identity, in the terms of paragraphs 458 of this Judgment.
15. The State must adopt, within six months of notification of this Judgment, the
necessary measures to ensure that Marlene Mesidor may reside or remain lawfully in the
territory of the Dominican Republic, in the terms of paragraphs 459 of this Judgment.
16. The State must make the publications ordered and that are indicated in paragraph
460 of this Judgment, within six months of its notification. In addition, the State must
keep this Judgment available for one year on an official website of the State, in the terms
of paragraph 460 of this Judgment.
17. The State must implement, within a reasonable time, continuous and permanent
training programs on topics related to the said population in order to ensure: (a) that
racial profiling is never the reason for detention or expulsion; (b) strict observance of the
guarantees of due process of law during any proceedings related to the expulsion or
deportation of aliens; (c) that, under no circumstances are Dominican nationals expelled,
and (d) that collective expulsions of aliens are never carried out, in the terms of
paragraph 465 of this Judgment.
18. The State must adopt, within a reasonable time, the measures required to prevent
judgment TC/0168/13 and the provisions of articles 6, 8 and 11 of Law No. 169-14 from
continuing to have legal effects, in the terms of paragraph 468 of this Judgment.
158
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