18
b)
It is obvious in this case that, despite the pertinent efforts of the
parties, a friendly settlement was not reached, because the representatives
withdrew and because the State indicated that it could not accept it.
Consequently, it is incomprehensible that the State should request the
application of Article 49 of the American Convention to avoid the Court
hearing the merits of the case;
c)
Bearing in mind that the alleged victims are the fundamental purpose
of the Inter-American System, the representatives’ declaration that the
granting of the birth certificates by the State did not constitute a friendly
settlement is a determining factor. This procedure was important for resolving
the instant case, but it is not the only matter under discussion. Since one of
the parties to the procedure manifested that it did not wish to continue with
the negotiations to reach a friendly settlement, the Commission had no
alternative but to proceed to examine the merits of the case, pursuant to the
provisions of Article 50(1) of the Convention;
d)
Although the State took certain steps designed to remedy at least in
part the violations committed to the detriment of the alleged victims – the
importance of which was duly acknowledged by the Commission – these steps
did not constitute comprehensive, adequate and, above all, final reparation,
and
e)
It had complied with its treaty-based, statutory and regulatory
obligations in relation to the friendly settlement procedure in this case, so
that the arguments presented by the State in this regard are unfounded.
Arguments of the representatives
68.
The representatives stated that:
a)
The State unilaterally granted the children birth certificates in
September 2001, outside the framework of a friendly settlement. This action
did not resolve the case, because it will not be resolved until the alleged
human rights violations have been acknowledged and totally repaired. In
addition to the delivery of birth certificates, the friendly settlement proposal
included
the
following
points:
financial
compensation,
public
acknowledgement of the violations allegedly committed, modification of the
requirements for late registration of births, and establishment of a judicial
mechanism for resolving complaints. However, each attempt failed, owing to
the State’s reluctance to repair the alleged violations comprehensively, and
b)
The Dominican Republic has never acknowledged its responsibility for
the violations that were allegedly committed; it denied this in the proceeding
before the Commission, and it is now denying it before the Court.
Considerations of the Court
69.
The Court observes that the Commission indicated that on November 1, 1999,
it made itself available to the parties in order to reach a friendly settlement. On
December 1, 1999, and on January 11, 2000, the State and the representatives,
respectively, agreed to accept this procedure. On March 1, 2000, the representatives
submitted a proposal for a friendly settlement that contained various demands. On
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