123. As regards the supposed statements of Carmen Méndez (undated), of Andrea Alezy
on April 1, 2000, and of Bersson Gelin, which appears in the document entitled
“Declaración de Bers[s]on Geli[n], traducción al español de la parte en inglés de la
declaración tomada por el señor Michael Granne el 12 de julio de 2001” [Statement of
Bers[s]on Geli[n], translation into Spanish of the part in English of the statement taken by
Michael Granne on July 12, 2001], these are unsigned, so that the Court has insufficient
evidence to determine with certainty in each case who made the statements that appear
in these documents. With regard to the supposed statement of Antonio Sensión of May 8,
2000, and the four supposed “sworn statements” that are in annex 38 of the Merits
report, 85 the Court has verified that, although these documents bear the signature of the
deponent and of witnesses, each document records that the statements were made before
notary public, but they are not signed or authenticated by the latter. In view of its
previous considerations, and taking into account the observations of the State, the Court
finds that it is unable to admit this documentation. 86
124. In addition, with regard to the statements of: Rafaelito Pérez Charles of January 10,
2001; Benito Tide of January 10, 2001; 87 Antonio Sensión of January 11, 2001, and March
27, 2007; Ana Lidia Sensión of March 27, 2007; Willian Medina Ferreras of April 1, 2000;
Jeanty Fils-Aimé of April 1, 2000; Bersson Gelin of April 1, 2000; Marlene Mesidor of
January 11, 2001; Lilia Jean Pierre of January 13, 2001; Janise Midi of January 13, 2001,
and Victor Jean of January 11, 2001, the Court considers that the statements of the
presumed victims constitute documentary evidence and do not call for the formalities of
affidavits or statements made before a judicial authority; furthermore they are not sworn
statements. In addition transcripts were presented of the handwritten statements of
Willian Medina Ferreras, Jeanty Fils-Aimé, Bersson Gelin and Marlene Mesidor. Based on
the State’s observations, and since those documents do not require the formalities of
domestic law, the Court admits the said statements as documentary evidence.
125. Objections to a list of deported persons who lived in the Dominican Republic
presented by the Commission in annex 21 of the Merits report and attached to the
Commission’s Report on the Situation of Human Rights in the Dominican Republic of
October 7, 1999. The State alleged that the first document “lacks any probative value
because only the General Directorate of Immigration [(hereinafter also “the DGM”] has
legal competence to present official statistics in this regard.” In addition, it indicated that
the Inter-American Commission’s report on the situation of human rights in the Dominican
Republic of October 7, 1999, cited by the Commission and the representatives, “refers to
presumed acts and facts that would have taken place before the acceptances of the
Court’s contentious jurisdiction, so that [the Court] lacks temporal competence to examine
them, or even to analyze them in the elaboration of the supposed historical context to this
case.” In addition, the State “indicate[d] that, in this report, the Inter-American
Commission recognized that ‘the problems that affect the full observance of rights are not
the result of a State policy aimed at violating those rights.’” The Dominican Republic’s
arguments concerning the first document are not related to its admissibility as evidence,
but rather to its probative value. As to the argument that the Inter-American
Commission’s report of October 7, 1999, refers to acts that occurred prior to the Court’s
competence, in its case law, the Court has considered historical background material that
85
Statements allegedly provided by Carmen Méndez, María Esthel Matos Medina, Adolfo Encarnación, Saint
Foir José Louis and Eristen González González.
86
Cf. Case of Juan Humberto Sánchez v. Honduras. Preliminary objection, merits, reparations and costs.
Judgment of June 7, 2003. Series C No. 99, paras. 50 and 55.
87
Although Benito Tide’s statement is admissible, the Court notes that it refers to facts that it will not
analyze (supra para. 44).
37
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