135. Taking into account the said criteria for assessing the body of evidence, the Court
will now determine, first, if what happened to Narciso González Medina constitutes a forced
disappearance that can be attributed to the State (infra paras. 137 to 170), and then rule
on the alleged violations of the obligation to respect and ensure the human rights of Mr.
González Medina (infra paras. 174 to 195).
136. In order to analyze what happened to the presumed victim, the Court will take into
account different indicative elements that help determine what happened in the following
order: (1) alleged context at the time of the facts; (2) influence of Narciso González Medina
on Dominican society and public impact of his speeches and writings; (3) surveillance of
Narciso González Medina; (4) statements of those who testified that they had seen Narciso
González Medina in State entities, and (5) failure to determine the whereabouts of Narciso
González Medina and to clarify the facts. In addition, it will analyze (6) the alleged
destruction and alteration of documents as part of the forced disappearance.
D.1) Alleged context at the time of the facts
137. The Court observes that both the Commission and the representatives described
various contextual factors that they considered indications of the forced disappearance of
Narciso González Medina. In this regard, during the proceedings before the Court, different
testimonial and expert evidence was received, as well as documentary evidence, regarding
the alleged context at the time of the alleged disappearance of Narciso González Medina.
138.
The Court has verified that, in fact, the political and social context at the time of the
events was not the same as that which existed under the Trujillo dictatorship or “the 12
years of Balaguer (supra paras. 87 and 88). Witnesses Juan Bolívar Díaz and Huchi Lora, as
well as expert witnesses before the Court explained that the repression “did not disappear
completely and, at times, there were threats and tensions that affected the exercise of
freedom of expression,” and that the case of Mr. González Medina was an exception,
because “at that time, the repression was applied in another way, more subtlely; […] it had
other characteristics.” 170
139. Added to this, the Court observes that, at the time of the facts, there was an
extremely tense political climate owing to the alleged electoral fraud (supra paras. 89, 90
and 91), which was confirmed by senior authorities of the Government of the time, including
the Secretary for the Armed Forces and the Head of the National Police who, in statements
made during the domestic investigation of this case, noted the climate of political instability
and unrest at the time, as well as the rumors of a possible disruption of public order. 171 As a
result of this situation of political tension, according to different witnesses before the Court,
as well as articles published in the press at the time, over the period from May 16, 1994,
until the agreement reached with the opposition parties (several months later), the country
170
Testimony given by witness Luis Eduardo Lora Iglesias (Huchi Lora) on June 26, 2011, supra note 88, folio
1112. Similarly, cf. Testimony provided by expert witness Robert Salvador Ramos Vargas on June 16, 2011, supra
note 90, folio 1179, and testimony of witness Juan Bolívar Díaz on June 16, 2011, supra note 98, folios 1126 and
1127.
171
Cf. Summary of the statement made by Rafael Guerrero Peralta on December 10, 1996, supra note 122,
folio 4349; statement made by Rafael Guerrero Peralta before the Review Chamber on September 26, 2002, supra
note 122, folio 1966; undated statement made by Constantino Matos Villanueva before the Joint Board (file of
attachments to the application, attachment 13, folio 3866); testimony provided by expert witness Rafael Molina
Morillo on June 22, 2011, supra note 93, folio 1085; article published in Rumbo magazine of July 20 to 26, 1994
entitled “De jueves a jueves en RD” (file of attachments to the pleadings and motions brief, attachment 9, folio
4853); newspaper article entitled “Embrollo electoral apunta hacia crisis política,” supra note 92, folio 4849, and
article “Negotiated elections,” supra note 86, folios 4895 and 4896.
45
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos