in the Dominican Republic and that “the State has denied him access to his identity card,”
and that, “when [Mr. Gelin] found himself in a situation of extreme vulnerability in Haiti,
he was obliged to obtain Haitian identity documents to survive outside his country of
birth.” They added that Jeanty Fils-Aimé was born in the Dominican Republic, and that
“the Dominican State refused to acknowledge his nationality by granting him his identity
card as part of the State practices described in the motions and arguments brief.” Lastly,
they asked that, notwithstanding the Haitian identity documents, the “State provide the
corresponding Dominican documentation.”
A.2. Considerations of the Court
77. The Court notes that some of the arguments contesting the status of certain persons
as presumed victims refer to questions relating to their identity (supra paras. 61 to 67),
such as the name, the relationship, or the place of birth. The domestic authorities must
determine this information, and also resolve eventual challenges to their decisions. The
Court, within the framework of its competence and functions requires, pursuant to Article
35 of the Rules of Procedure, that the presumed victims be identified, without prejudice to
the exceptions established in paragraph 2 of this article, which do not apply in the instant
case.
78. In view of the situation described, and based on the arguments of the parties and
the Commission, the corresponding body of evidence, as well as in light of the
particularities of this case, the Court, notwithstanding any considerations that may be
made subsequently when examining the merits of the case, determines that the following
are presumed victims: Victor Jean, Marlene Mesidor, Markenson Jean, 56 Victoria Jean,
Miguel Jean, Natalie Jean, Willian Medina Ferreras, Lilia Jean Pierre, Awilda Medina, Luis
Ney Medina, Carolina Isabel Medina, Jeanty Fils-Aimé, Janise Midi, Nené Fils-Aimé, Diane
Fils-Aimé, Antonio Fils-Aimé, Endry Fils-Aimé, Bersson Gelin, William Gelin, Antonio
Sensión, Ana Virginia Nolasco, Ana Lidia Sensión, Reyita Antonia Sensión and Rafaelito
Pérez Charles. The other persons named in the Merits report will not be considered
presumed victims (infra paras. 92 to 95). Furthermore, the Court is unable to rule on
supposed facts and violations to treaty-based rights to the detriment of Benito Tide and
the members of his family, and of Andrea Alezy, as explained below (infra para. 96). The
Court finds it pertinent to make the following clarifications in relation to all the foregoing.
A.2.1. Persons identified with different names
79. Regarding Lilia Jean Pierre, the Court notes that the State partially founded its
argument on information that emerged from statements presented by the Human Rights
Clinic (infra para. 124) concerning the person who, in the Merits report, is identified as
Lilia Jean Pierre. The Court observes that this is consistent with the statement of Willian
Medina Ferreras who affirmed that his wife is called “Lilia Pérez,” a Haitian national, and
the statement of Awilda Medina, who indicated that her mother is “Lilia Pérez also known
as Lilia Pierre” and that she was born in Haiti. The Court also notes that the extract from
Awilda Medina’s birth certificate indicates that her mother is “Liliana Pérez.” 57 In addition,
56
The Court, for the effects of this Judgment, will refer to him as Markenson Jean, placing on record that this
name refers to the person who, in the Merits report, was identified as “McKenson Jean.” This is because
“Markenson Jean” is the name revealed by different documents, including official ones (cf. Birth certificate of
Markenson Jean issued by the Republic of Haiti (file of annexes to the motions and arguments brief, annex B08,
f. 3527), and Affidavit made by Markenson Jean on September 29, 2013 (file of preliminary objections, merits
and reparations, f. 1730).
57
Cf. Extract from the birth certificate of Awilda Medina, issued by the National Civil Registry Directorate,
Central Electoral Board on October 17, 1999 (file of annexes to the motions and arguments brief, annex B02, f.
26