10. Access to the Legal Assistance Fund. In an Order of March 1, 2013, the President of
the Court (hereinafter also “the President”) declared admissible the request presented by
the presumed victims, through their representatives, to access the Victims’ Legal
Assistance Fund. 13
11. Preliminary objections. In briefs received on July 5, 2013, the representatives and
the Commission presented their observations on the preliminary objections filed by the
State and asked the Court to reject them. In addition, they indicated that the State’s
arguments were not “preliminary issues.”
12. Public hearing. In an Order of September 6, 2013, 14 the President summoned the
parties to a public hearing and required, among other matters, that several statements be
submitted by affidavit 15 (infra para. 111). The public hearing took place on October 8 and
9, 2013, during the Court’s forty-eighth special session, held in Mexico City, Mexico 16
(hereinafter “the public hearing”). During this hearing, the Court received the statements
of one presumed victim and one expert witness offered by the Commission, two expert
witnesses offered by the representatives, and two expert witnesses offered by the State,
as well as the final oral observations and arguments of the Inter-American Commission,
the representatives, and the State, respectively. Also, during this hearing, the Court
required the parties to submit specific documentation and clarifications on matters relating
to the application of certain laws and regulations, legal deportation procedures, and
details of the alleged violations. Furthermore, the State showed a video with regard to one
presumed victim.
13. Supervening facts. The parties cited the following: (a) on October 2, 2013, the
representatives advised that the Constitutional Court of the Dominican Republic had
handed down judgment TC/0168/13 on September 23, 2013 (hereinafter also “judgment
TC/0168/13”), in which “it ruled on the application of article 11 of the Dominican
Constitution, applicable to this case.” In view of the fact that this occurred after the
presentation of the motions and arguments brief, and that “it is closely related to the facts
of this case,” they asked that “the judgment in question be admitted as supervening
evidence”; (b) on May 22, 2014, the representatives advised that Victoria Jean had died
on April 20, 2014, and (c) on June 9, 2014, the State advised that it had issued Decree
13
Cf. Order of the President of the Court of March 1, 2013. Case of Tide Méndez et al. v. Dominican Republic.
Victims’ Legal Assistance Fund. Available at: http://joomla.corteidh.or.cr:8080/joomla/es/jurisprudencia-ocavanzado/38-jurisprudencia/1983-resolucion-del-presidente-de-la-corte-interamericana-de-derechos-humanoscaso-tide-mendez-y-otros-vs-republica-dominicana-fondo-de-asistencia-legal-de-victimas-de-1-de-marzo-de2013
14
Cf. Order of the President of the Court of September 6, 2013. Available at: http://joomla.
corteidh.or.cr:8080/joomla/component/content/article/38-Jurisprudencia/2081-corte-idh-caso-tide-mendez-yotros-vs-republica-dominicana-resolucion-del-presidente-de-la-corte-interamericana-de-derechos-humanos-de06-de-septiembre-de-2013. By an Order of the President of the Court of September 11, 2013, it was decided to
amend the sixty-fifth considerandum and twelfth operative paragraph of the Order of the President of the Court
of September 6, 2013. Available at: http://www.corteidh.or.cr/docs/asuntos/mendez_fv_ 13_2.pdf
15
Cf. Order of the President of the Court of September 6, 2013. Following the request of the State, the
representatives and the Commission, the time limit for the parties and the Commission to present the affidavits
required in the said order, which had originally been set at September 25, 2013, was extended until October 1,
2013.
16
There appeared at this hearing: (a) for the Inter-American Commission: Felipe González, Commissioner,
Elizabeth Abi-Mershed, Deputy Executive Secretary, Silvia Serrano Guzmán and Jorge Humberto Meza, advisers;
(b) for the representatives of the presumed victims: Jenny Morón, Cristina Francisco Luis and Leonardo Rosario
Pimentel (MUDHA); Francisco Quintana, Gisela de León and Carlos Zazueta (CEJIL); Lisane André (GARR), and
Paola García Rey (Columbia University), and (c) for the State: Santo Miguel Román, Deputy Director, General
Directorate of Immigration, attached to the Ministry of the Interior and Police, Deputy Agent; Fernando Pérez
Memén, Ambassador Extraordinary and Plenipotentiary of the Dominican Republic to the United Mexican States;
José Casado-Liberato, Lawyer-Human Rights Analyst for OAS Affairs, Adviser, and Paola Torres de la Cruz,
Minister Counsellor of the Embassy of the Dominican Republic in Mexico.
9