consular assistance.
g) The Haitian authorities shall proceed to establish immigration control posts along the
Dominico-Haitian border to avoid the illegal flow of its citizens towards the Dominican Republic.
h) The Haitian Government undertakes to increase its efforts to furnish its nationals with Haitian
identity documents in the context of the potential migratory flow towards the Dominican Republic.
191. Lastly, the respective part of Law No. 1494 of August 9, 1947, which institutes the
contentious-administrative jurisdiction 176 in force at the time of the facts, established:
Art. 1. Anyone, whether natural or juridical, with a legitimate interest, may file the contentiousadministrative remedy established below in the cases, manner and within the time frames
established in this law: (1) against the judgments of any contentious-administrative court of first
instance or a court that is essentially of this nature, and (2) against illegal administrative acts,
regulations and decrees, that meet the following requirements:
a) That they are acts against which all hierarchical claims within the administration or the
autonomous administrative bodies have been exhausted;
b) That they emanate from the administration or from the autonomous administrative bodies in
the exercise of their authority regulated by laws, regulations or decrees;
c) That they violate a right, of an administrative nature, established previously in favor of the
appellant by law, regulation or decree, or an administrative contract;
d) That they constitute an excessive or distorted exercise of their own legitimate purpose, or of
discretional authority conferred by laws, regulations or decrees.
[...]
Art. 9. The time limit for filing an appeal before the Secretaries of State or before the
autonomous administrative bodies against the decision of a contentious-administrative nature
issued by the directors, administrators or heads of the offices that are subordinate to them, is 10
days from the date of the receipt by the party concerned of the communication that must be
transmitted by the said directors, administrators or heads by special delivery registered mail.
Paragraph I. The time limit to appeal before the Superior Administrative Court is 15 days as of
the day on which the appellant has received the judgment of the contentious-administrative court
of first instance, in the case of an appeal, or of the day on which he has received notification of
the act appealed, or the day of the official publication of the act appealed by the authority that
issued it, or the day the time limit set in article 2 of this law expires, in the case of an appeal due
to delay.
B) Facts of the case
B.1. Introduction
192. The Court will now refer to the facts relating to the presumed victims in this case
who were determined in paragraph 78 of this Judgment. In view of the fact that, in this
case, the dispute focuses mainly on the alleged situation concerning the identity of some
presumed victims, their nationality, and whether or not they have been expelled, in the
following section, the Court will describe the identity and what happened to the members
of each family, taking into consideration, on the one hand, the official documents
forwarded or other sources such as the statements of the presumed victims themselves,
as well as the arguments of the parties and of the Commission, and on the other hand,
the findings in the chapter on evidence, and in the chapter on the preliminary issues in
relation to the determination of the presumed victims.
193. In this regard, the Court considers it relevant to recall its case law regarding the
criteria applicable to the assessment of the evidence. Since its first contentious case, the
Court has indicated that, for an international court, the criteria used to assess the
evidence are different from those used by domestic legal systems, and has asserted that it
176
Law No. 1494 of August 9, 1947, published in Official Gazette No. 6673 (file of annexes to the answering
brief, fs. 5751 to 5765).
63
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