Aimé stated that he was born in the Dominican Republic, 62 the State attached copies of
the sworn statements of six individuals who indicated that the name of “Jeanty Fils-Aimé”
is “Yantil” or “Fanty” and that he is a Haitian national. The State added that, the affidavit
prepared by Bersson Gelin and presented to the Court records that he “identifie[d] himself
with [a] Haitian identity document,” and stated that “[a]lthough [he] was born in the
Dominican Republic, [he has] a Haitian birth certificate.” Consequently, the Secretariat, on
the instructions of the President, requested helpful evidence and, in response, on May 22,
2014, the representatives presented copies of the Haitian identification documents of
Jeanty Fils-Aimé (with that name) and of Bersson Gelin indicating that they were born in
the Haitian town of Anse-à-Pitres.
85. Regarding Nené Fils-Aimé, the Commission and the representatives stated that he
was born in Dominican territory and that he is the son of Jeanty Fils-Aimé and Janise Midi;
whereas the State asserted, as it did with regard to other members of the Fils-Aimé
family, that his birth was not registered. Also, Janise Midi stated that Nené Fils-Aimé is the
son of Jeanty Fils-Aimé, but is not her son, and that she believed that he was born in
Haiti. 63 In addition, in her affidavit presented to the Court, Janise Midi stated that her
children “Endry, Antonio and Diane were born in the Dominican Republic.” She added that,
when she was in Haiti, she “registered [her] children in Haiti, because they needed
documents in order to attend school.” In this regard the State indicated that “this is proof
[…] that the members of the Fils-Aimé family have Haitian documents, based on their
Haitian nationality.”
86. The representatives alleged “the difficulties and obstacles faced by persons of Haitian
descent born in Dominican territory to obtain documents accrediting their nationality.”
However, the Court considers that this assertion is unrelated to the issue of Haitian
documents and, therefore, cannot consider it proved that the persons identified as Jeanty
Fils-Aimé, Bersson Gelin and Nené Fils-Aimé have Dominican documentation, or that they
were born in Dominican territory. Also, the Court cannot consider proved that Diane FilsAimé, Antonio Fils-Aimé and Endry Fils-Aimé were born in Dominican territory. The Court
places on record that it will use the name Bersson Gelin for the person who the Merits
report identified as “Berson Gelin,” and “Jeanty Fils-Aimé” for the person who the
representatives in their motions and arguments brief and the Commission in the Merits
report identified with that name.
87. The Court considers that the impossibility of determining the country of birth of
these persons does not prevent them from continuing to be presumed victims in this case.
Moreover, it will not consider that the place or birth or nationality of any of these persons
has been proved and, with regard to Nené Fils-Aimé, neither has his maternal filiation
(infra para. 209)
A.2.3. Absence of powers of attorney in favor of the representatives
88. The State raised other questions related to the presumed lack of representation of
William Gelin and Nené Fils-Aimé, owing to the alleged absence of powers of attorney in
favor of the representatives. The Court considers that the alleged absence of powers of
attorney refers to the legal representation of these persons and not to their status as
presumed victims. Moreover, the Court has indicated “the consistent practice of this Court
with regard to the rules of representation has been flexible” and that “it is not essential
62
Cf. Statement made by Jeanty Fils-Aimé to Columbia University on April 1, 2000 (file of annexes to the
Merits report, Annex 19, fs. 212 to 219), and Affidavit made by Janise Midi on September 24, 2013 (file of
preliminary objections, merits and reparations, f.1711).
63
Cf. Affidavit made by Janise Midi.
28