244. The representatives asked the Court to declare that the State was responsible for the
violation of the rights to the recognition of juridical personality, to nationality, to a name,
and to equal protection of the law (Articles 3, 20, 18 and 24 of the Convention,
respectively), to the detriment of the same presumed victims mentioned by the
Commission, together with non-compliance with the obligations contained in Articles 1(1)
and 2 of this instrument, as well as with Article 19 of the treaty with regard to the
presumed victims who were children at the time of the facts. 280
245. For its part, the State denied its responsibility and asked the Court to declare that it
had not violated the said rights to the detriment of the presumed victims mentioned.
Similarly, it noted that “the procedure for the acquisition of nationality is a matter
exclusively reserved to Dominican domestic law,” because it is an “inalienable attribute of
State sovereignty,” only limited by respect for human rights and, specifically, the risk of
statelessness and/or the existence of a discriminatory norm.
246. Regarding Willian Medina Ferreras, Awilda Medina, Luis Ney Medina, Carolina Isabel
Medina and Rafaelito Pérez Charles, in its answering brief the State indicated that it had
accepted that they are Dominicans and had provided the corresponding documentation, so
that the arguments with regard to them “had no purpose.” Specifically with regard to the
alleged violation of the right to a name of these individuals, the State indicated that this
allegation was also meaningless, because they were all registered in the corresponding
civil registry offices. Nevertheless, during the public hearing in this case, and subsequently
(supra para. 89), the State also affirmed that the person presenting himself before the
Court as Willian Medina Ferreras was not the person he said he was and, therefore, he
was not Dominican (supra para. 63). It also presented information on administrative and
judicial proceedings that questioned the validity of this man’s personal documents, as well
as those of Awilda Medina, Luis Ney Medina and Carolina Isabel Medina, in view of the
determination it had made in this regard (supra para. 145).
247. Regarding the persons who, it argued, had not obtained Dominican identity
documents, 281 it alleged that, in its opinion, it was not obliged to grant them nationality as
they would not become stateless, because: (a) they were all of Haitian origin, and (b) the
State of Haiti applied the system of ius sanguinis to the recognition of nationality. 282 As
regards the principle of equality before the law and of non-discrimination, it indicated that
the inclusion of requirements in order to acquire nationality by birth in the territory of the
State was not discriminatory per se. It pointed out that there was no reliable evidence of
280
Although they did not formally ask that the Court declare its violation, the representatives referred to the
“right to identity.” They “affirm[ed] that the rights to juridical personality, to nationality and to a name, as well
as the rights of the family […] compose the right to identity.” However, they indicated that, regarding “the rights
of the family,” they would “refer to this in a later section” of the motions and arguments brief, and not in the one
in which they were setting out their arguments on ‘the rights to juridical personality, to a name, to nationality
and to equal protection of the law.” In other words, despite the conceptual indication that, in their understanding,
“the right to identity” is linked to the “rights of the family,” the representatives did not present specific
arguments on the supposed violation of the “rights of the family” in relation to the “right to identity.”
281
The State indicated the following persons, among others: Victor Jean, Victoria Jean, Miguel Jean, and
Natalie Jean.
282
The State, in a report on the measures adopted to comply with the Commission’s recommendations in
relation to the case issued by the Permanent Mission of the Dominican Republic to the Organization of American
States on July 6, 2012, indicated that “in the cases of Miguel Jean, Victoria Jean, Natalie Jean and Victor Jean
[…], the Dominican State is very willing to comply with the recommendations of the Commission […], provided
that the petitioners present the documentation - not merely assertions – that prove their birth in Dominican
territory before January 26, 2010” (file before the Commission, f. 2164). However, in its answering brief, the
State indicated that “[a]lthough the State acknowledges that Victoria Jean, Miguel Jean and Nat[…]alie Jean were
born in Dominican territory, there is no evidence whatsoever, beyond his own statement, proving that Victor Jean
was born in Dominican territory.”
81
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