case law and, in particular, the lack of evidence in the case file, the State concluded that it
had not violated the right to personal integrity with regard to the presumed victims. 481
B) Considerations of the Court
438. In the case sub judice, the Court considers it desirable to point out that it has
already established the international responsibility of the State for the violation of the
rights to nationality, recognition of juridical personality, a name, personal liberty, judicial
guarantees and protection, freedom of movement and residence, and protection of the
family with regard to different victims and, in the case of the children, the rights of the
child, in relation to the situation of vulnerability of the victims because, according to the
facts of this case, their situation is inserted in a context of collective expulsions or
deportations. Some of the victims were expelled from the Dominican Republic, even
though they had Dominican nationality and had their birth certificate and/or identity card,
which were disregarded or destroyed by the State authorities. In other cases, the State
had not granted the victims the corresponding documentation, even though they were
born in the Dominican Republic, and had faced difficulties trying to obtain it.
Consequently, the State did not recognize their nationality, or their juridical personality, or
their name, and also, owing to this series of violations, their right to identity. Also, some
victims who were Haitian nationals were expelled. Additionally, the victims were detained
unlawfully and arbitrarily without knowing the reasons for the deprivation of liberty, and
without being brought before a competent authority, and were expelled in less than 48
hours, without the basic guarantees of due process having been observed. Also, in the
case of some of the victims, the State failed to comply with its obligation to protect the
family, and to safeguard the family from arbitrary interference in its private or family life.
The Court notes that most of the arguments of the Commission and the representatives
are related to the facts have already been examined. Consequently, the Court finds that,
in this case, it is not in order to rule on arguments referring to facts that have already
been analyzed in light of other obligations under the Convention.
XII
RIGHT TO PROPERTY 482
A) Arguments of the Commission and of the parties
439. The Commission considered that “the victims’ expulsion meant the automatic and de
facto loss of all those personal effects that were left behind in Dominican territory, which
is an unlawful deprivation of their property for which they received no compensation.” It
added that the presumed victims had household furnishings, personal effects, clothing,
livestock, savings and cash, or unpaid wages. In addition, it observed that, in deportation
cases, the confiscation of personal effects was not permitted under Dominican law and
that, despite the domestic laws in force, the presumed victims did not have the
opportunity to retrieve their belongings, personal effects, and cash at the time of their
expulsion. Consequently, it considered that the State had violated the right to property
481
The State referred, among others, to the following presumed victims: Willian Medina Ferreras, Lilia Jean
Pierre, Awilda Medina, Luis Ney Medina, Carolina Isabel Medina (deceased), Jeanty Fils-Aimé (deceased), Janise
Midi, Nen�� Fils-Aimé, Diane Fils-Aimé, Antonio Fils-Aimé, Endry Fils-Aimé, Carolina Fils-Aimé, Bersson Gelin,
William Gelin, Antonio Sensión, Rafaelito Pérez Charles, Victor Jean, Marlene Mesidor, Markenson Jean, Victoria
Jean, Miguel Jean and Natalie Jean.
482
The pertinent part of Article 21 establishes: “1. Everyone has the right to the use and enjoyment of his
property. The law may subordinate such use and enjoyment to the interest of society. 2. No one shall be deprived of
his property except upon payment of just compensation, for reasons of public utility or social interest, and in the
cases and according to the forms established by law.”
139
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