children were taken. The bus was full of people, including some standing up. The State
agents then went back to the house and returned with Mr. Jean who they forced to board
the bus. 261 It was early, and they were not allowed to get dressed, or to take the milk of
the new-born child. Nor were they allowed to call anyone; they were not given anything
“to eat and [were not allowed] to buy” food. The officials asked Mr. Jean and Mrs. Mesidor
for their documents, but they did not have them, and the children only had certificates of
live birth; at that time Natalie was almost four months old. The Jean family was taken in a
“guagua” or bus to the Jimaní border and left on Haitian territory in the afternoon at
around 5 p.m. 262 The State noted that there is record of the deportation of any of these
persons. 263
224. On August 13, 2002, safe-conducts were issued to the members of the Jean family,
as a result of the agreement reached when processing the provisional measures before
the Court. 264 Subsequently, on April 7, 2010, and as part of the proceedings on provisional
measures, the State renewed and granted new safe-conducts to all the members of the
Jean family. 265
VIII
RIGHTS TO JURIDICAL PERSONALITY, TO A NAME, TO NATIONALITY AND TO
IDENTITY, IN RELATION TO THE RIGHTS OF THE CHILD, THE RIGHT TO EQUAL
PROTECTION AND THE OBLIGATIONS TO RESPECT RIGHTS WITHOUT
DISCRIMINATION AND TO ADOPT DOMESTIC LEGAL PROVISIONS
A) Introduction
225. In this chapter the Court will examine together the alleged violations of the rights to
recognition of juridical personality, 266 to a name, 267, to nationality, 268 and to identity (infra
paras. 266 to 268), because, in this case, the facts that presumably resulted in these
violations overlap. Based on the arguments of the parties and the Commission (infra
paras. 230 to 251), the Court will make this analysis, as pertinent, in relation to the rights
2001, Marlene Mesidor stated that “members of the Army and inspectors from the General Directorate of
Immigration had come to her home” (file of annexes to the Merits report, annex 40, f. 353).
261
Cf. Affidavit made by Marlene Mesidor.
262
Cf. Affidavit made by Marlene Mesidor, and Affidavit made by Markenson Jean.
263
Note No. 044-13 issued by the General Directorate of Immigration of the Ministry of the Interior and
Police, noting that there is no record of the deportation of Miguel Jean, Victoria Jean, Natalie Jean, Victor Jean,
Marlene Mesidor and “M[ar]kenson” Jean, among other persons mentioned on a list.
264
Safe-conducts granted to Victor Jean, Marlene Mesidor, Victoria Jean, Natalie Jean and “M[ar]kenson”
Jean, issued on August 13, 2002, by the General Directorate of Immigration (file of annexes to the Merits report,
annex 41, fs.363 and 364).
265
Cf. Safe-conducts granted to Marlene Mesidor, Victor Jean, “M[ar]kenson” Jean, Miguel Jean, Victoria Jean,
and Natalie Jean, and issued on April 7, 2010, by the General Directorate of Immigration (file of annexes to the
motions and arguments brief, annex B07, fs. 3521 to 3524).
266
Article 3 of the American Convention establishes that: “Every person has the right to recognition as a person
before the law.”
267
Article 18 of the Convention indicates that: “Every person has the right to a given name and to the surnames
of his parents or that of one of them. The law shall regulate the manner in which this right shall be ensured for all, by
the use of assumed names if necessary.”
268
Article 20 of the American Convention stipulates: “1. Every person has the right to a nationality. 2. Every
person has the right to the nationality of the state in whose territory he was born if he does not have the right to any
other nationality. 3. No one shall be arbitrarily deprived of his nationality or of the right to change it.”
75
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