8
assessment of the extent of the State’s compliance with this reparation measure, a situation
that is worsened by information that has been systematically presented by the
representatives [...] in relation to the actions of the Executive, Legislative and Judicial
Branches of the Dominican Republic, which could hinder compliance with the judgment.” The
Commission concluded that the State should be required to submit information, as soon as
possible, to clarify the measures adopted in its domestic law to comply with the Judgment.
24.
The Court notes that the legislative and administrative measures included in the State
report of September 14, 2009 (Considering Clause 20) could help to make advances in
compliance with operative paragraph eight. Nevertheless, the State has not explained the
relevance and connection of the documents provided, and has not provided the information
requested by the Court in a timely manner, nor has it referred to the representatives’
observations, who have expressed that certain measures adopted by the State do not
facilitate compliance with the Judgment.
25.
In this regard, the Court observes that the State has repeatedly stated that it has
implemented a variety of domestic measures to comply with operative paragraph eight.
Nevertheless, it deems that, over four years after the Judgment was issued, although the
State has provided many documents that refer to the domestic measures issued, it has not
explained how these are related or argued specifically how such measures comply with the
Judgment. It is worth noting that in the proceedings of contentious cases and the monitoring
of compliance, the submission of evidentiary documents is not sufficient —parties are
required to defend the relationship between the evidence and the facts under consideration,11
therefore they must duly specify their appropriateness and justification. In view of the
foregoing, the Court deems that to date the State has not made it possible to appropriately
determine whether the domestic measures adopted by the State achieve the goal of
“regulating the procedure and the requirements to attain Dominican citizenship, through the
late registration of birth,” pursuant to that established in paragraph 239 of the Judgment
issued by this Court on September 8, 2005.
26.
Based on the foregoing, the Court requests the State to present a clear, concise, and
detailed report indicating: a) the specific legislative, administrative and other measures,
following the of issuance of the Judgment, that comply with the Court’s orders in operative
paragraph eight; and b) how such measures regulate the proceeding and requirements to
attain Dominican citizenship through the late registration of birth, pursuant to that set forth in
operative paragraph eight of the Judgment of September 8, 2005. In addition, the Court
deems it of great importance that both the representatives and the Commission present their
observations, in a specific and justified manner, concerning the measures adopted that
comply, and those that do not comply, with operative paragraph eight.
27.
Finally, the Court deems that the State has taken several actions to execute operative
paragraph eight of the present Judgment; however, it requests that the State executes the
measures necessary for its immediate compliance.
*
*
*
11
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador. Preliminary Objections, Merits, Reparations, and
Costs. Judgment of November 21, 2007. Series C No. 170, para. 277; Case of the Las Dos Erres Massacre v.
Guatemala, Preliminary Objections, Merits, Reparations, and Costs. Judgment of November 24, 2009. Series C No.
211, para. 301, and Case of Chitay Nech et al. v. Guatemala. Preliminary Objections, Merits, Reparations, and Costs.
Judgment of May 25, 2010. Series C No. 212, para. 284.