8
submitted to the Inter-American Court.
31.
On April 21, 2003, having been granted a fifteen-day extension, the
petitioners’ representatives requested the Commission to submit the case to the
Court.
32.
On June 5 and July 3, 2003, having been granted an extension, the State
submitted its brief on the measures adopted to comply with the recommendations
made in Report No. 30/03 on the merits of the case. The State indicated that “it had
not failed to meet the obligation that the children should have a nationality, because,
if they had not been granted Dominican nationality, they would be Haitian.” It stated
that the petitioners “had not filed [...] their petition before the competent court
ratione materiae, that [...] this was the court of first instance [...], which could have
heard an ‘action to claim civil status’ and which also hears matters relating to
nationality [...].” The State also indicated that the children had not had recourse “to
the Central Electoral Board, which is the supreme body responsible for the Civil
Status Registrars.” The State alleged that “it had not violated the rights contained in
Articles 1, 2, 3, 8, 19, 20, 24 and 25 of the American Convention [… or] the right to
education embodied in Article XII of the American Declaration […].” Lastly, with
regard to the current requirements for making a late declaration, it advised that “the
passport c[ould] be an identity document,” and attached the draft law modifying Act
No. 659, and facilitating the Registry Office procedure.
IV
PROCEEDING BEFORE THE COURT
33.
On July 11, 2003, the Commission submitted the application to the Court.
34.
The Commission appointed Susana Villarán and Santiago Cantón as its
delegates and Bertha Santhoscoy and Ariel Dulitzky as its legal advisers.4 It also
indicated the names of the original petitioners: Viviana Krsticevic and Roxanna
Altholz, representing CEJIL, and Laurel Fletcher, representing the International
Human Rights Law Clinic.
35.
On August 12, 2003, after the President of the Court (hereinafter “the
President”) had made a preliminary review of the application, the Secretariat of the
Court (hereinafter “the Secretariat”) notified it to the State, with its attachments,
and informed the State of the time limits for answering it and appointing its
representatives in the proceeding. On the President’s instructions, the Secretariat
also advised the State of its right to designate a judge ad hoc.
36.
On August 11, 2003, as established in Article 35(1)(d) and (e) of the Rules of
Procedure, the Secretariat notified the application to MUDHA, CEJIL and the
International Human Rights Law Clinic, as representatives of the alleged victims and
their next of kin5 (hereinafter “the representatives”), and informed them of the time
limit for submitting their brief with requests, arguments and evidence (hereinafter
“brief with requests and arguments”).
4
While this case was being processed, the Commission made changes in those it had designated to
represent them before the Court.
5
While this case was being processed, the representatives made changes in those it had
designated to represent them before the Court.
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