13
d)
The alleged victims did not exhaust the remedy of review before the
Civil Status Registrar, nor did they file the matter directly with the court of
first instance with jurisdiction to hear all matters concerning human rights;
e)
The alleged victims did not file an application for amparo [an action for
the protection of constitutional rights] although this has existed in the
Dominican Republic since 1978, when the State ratified the American
Convention. In 1999, the “Supreme Court of Justice established in a judgment
that the procedure for applications for amparo was the same as the procedure
for civil matters;” however, prior to this ruling, several courts had already
heard amparo actions;
f)
The alleged victims did not file an action for unconstitutionality against
the norm that denied them access to recognition of their nationality, and
g)
The Court should declare that it lacked jurisdiction to hear this case,
because the State has appropriate mechanisms and opportunities for settling
this dispute.
Arguments of the Commission
57.
The Inter-American Commission stated that:
a)
Articles 46 and 47 of the American Convention stipulate that it is the
Commission, as one of the principal organs of the system, that determines
whether a petition is admissible;
b)
The arguments presented by the State concerning the failure to
exhaust domestic remedies are time-barred and unfounded; they seek to
return the proceeding to the stage prior to the admissibility of the petition,
which is precluded, because the Commission, with strict respect for the
adversary principle, has considered the arguments of both parties together
with the information and documentation in the file, and has decided to declare
the case admissible on the grounds set out in the admissibility report;
c)
The State’s “new” position concerning non-exhaustion of domestic
remedies, in which it indicated that the hierarchic recourses of amparo and
unconstitutionality, which were not mentioned during the admissibility stage
before the Commission, are the “existing” remedies, continues to be without
merit, because it is time-barred. The State has not proved that such remedies
are effective, and has merely mentioned their existence;
d)
With regard to the hierarchic recourse before the Central Electoral
Board, which is of an administrative nature, Dominican legislation does not
provide for the possibility of those whose request for a late registration of
birth has been rejected being able to file a remedy of appeal or an appeal for
revision before the Central Electoral Board. Since [the petitioners] had been
unable to comply with the basic requirements for obtaining a late registration
of birth, and bearing in mind that the Central Electoral Board does not
consider requests for registration that are submitted without the required
documentation attached, a possible appeal before this body would not have
been effective;
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