C.5.1. Regarding those whose identity documents were disregarded by the
authorities at the time of their expulsion
272. In the case of the persons who, according to the representatives and the
Commission, possessed documentation that proved their Dominican nationality at the time
of their expulsion (supra paras. 230 and 237), it should be recalled that, as established in
when determining the status as presumed victims of certain persons, the Court will not
consider, for the effects of this Judgment, the questions raised by the State with regard to
the identity of Willian Medina Ferreras, Awilda Medina, Luis Ney Medina and Carolina
Isabel Medina (supra paras. 78 and 91).
273. According to the facts of the case (supra para. 201), the personal documents of
Willian Medina Ferreras were destroyed by Dominican officials during his expulsion, and
Awilda Medina, Luis Ney Medina and Carolina Isabel Medina were not given the
opportunity to show their documents to the officials, because they were expelled without
proper examination of their documents and their nationality. Meanwhile, Rafaelito Pérez
Charles was detained and expelled by several agents who did not allow him to show his
identity documents, even though Mr. Pérez Charles informed them that these were at his
home (supra para. 221).
274. The actions of the State agents signified failure to acknowledge the identity of the
victims by not allowing them to identify themselves or not considering the documents they
presented. This situation affected other rights, such as the right to a name, to recognition
of juridical personality, and to nationality that, taken as a whole, impaired the right to
identity. In addition, the Court considered that, in this case the State, by ignoring the
documentation of Awilda Medina, Luis Ney Medina and Carolina Isabel Medina, who were
children at the time of the events, did not take the best interests of the child into
consideration.
275. In addition, considering the context in which the facts of the case occurred, the
Court found that, in violation of the obligation not to discriminate, the said violations were
the result of derogatory treatment based on the personal characteristics of Willian Medina
Ferreras, Awilda Medina, Luis Ney Medina, Carolina Isabel Medina and Rafaelito Pérez
Charles that, in the opinion of the authorities who intervened, denoted their Haitian origin.
276. Based on the above, the Court considers that the disregard of the documentation of
Willian Medina Ferreras, Awilda Medina, Luis Ney Medina, Carolina Isabel Medina and
Rafaelito Pérez Charles by State agents at the time of their expulsion constituted a
violation of their rights to recognition of juridical personality, to a name, and to
nationality, as well as, owing to all these violations taken as a whole, to the right to
identity. This entailed the violation of Articles 3, 18 and 20 of the American Convention,
respectively, in relation to non-compliance with the obligation to respect rights without
discrimination, established in Article 1(1) of this instrument and, in addition, in relation to
the rights of the child recognized in Article 19 of the Convention, to the detriment of
Awilda Medina, Luis Ney Medina and Carolina Isabel Medina (deceased).
C.5.2. Regarding those born in Dominican territory who were not registered and
did not have documentation
277. It should be explained that, as revealed by the foregoing, the Commission, contrary
to the representatives, affirmed that Victoria, Natalie and Miguel, all surnamed Jean, who
were children at the time of the facts, were Dominican nationals and possessed the
pertinent documentation to prove this (supra paras. 230 and 238). However, the facts of
the case and the State’s assertions (supra para. 222 and footnote 282) reveal that,
90
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