and criminal proceedings that are underway (supra para. 208), relating to records and
documentation of Willian Medina Ferreras, Awilda Medina, Luis Ney Medina and Carolina
Isabel Medina. The eventual continuation, and possible results, shall have no effects with
regard to the said victims as regards compliance with this Judgment.
B.1.1.2. Victor Jean, Miguel Jean, Victoria Jean and Natalie Jean
458. The Court has also determined that the absence of records and documentation of
Victor Jean, Miguel Jean, Victoria Jean (deceased) and Natalie Jean, violated, inter alia,
the rights to recognition of juridical personality, a name, and nationality of these persons,
as well as the right to identity, owing to these violations taken as a whole. Therefore, the
State must adopt, within six months, the measures required to ensure that Victor Jean,
Miguel Jean, Victoria Jean and Natalie Jean are, as appropriate, duly registered and have
the necessary documentation to prove their identity and Dominican nationality; that is,
their birth certificate and, as appropriate, also their identity card. The State may not make
compliance with this decision dependent on the opening or continuation of any procedure
or proceedings by the victims or their representatives, and may not require any cost for
this.
B.1.1.3. Marlene Mesidor
459. The Court notes that Marlene Mesidor has children who are Dominicans, including a
daughter who is still a child and a victim in this case: Natalie Jean. Therefore, taking into
account the rights of the family, and also the rights of the child, 491 the Court finds that the
State must adopt, within six months, the necessary measures to ensure that Marlene
Mesidor may reside or remain lawfully in the territory of the Dominican Republic, together
with her children, some of whom are still children (supra footnote 69), in order to keep
the family unit together in light of the protection of the rights of the family.
B.2. Measures of satisfaction
B.2.1. Publication of the Judgment
460. The Court orders, as it has in other cases, 492 that the State must publish, within six
months of notification of this Judgment: (a) the official summary of this Judgment
prepared by the Court, once, in the Official Gazette of the Dominican Republic and (b) the
official summary of this Judgment prepared by the Court, once, in a national newspaper
with widespread circulation. In addition, this Judgment, in its entirety must remain
available for one year on an easily accessible official website of the State.
B.3. Guarantees of non-repetition
461. In cases such as this one, the guarantees of non-repetition acquire increased
relevance to ensure that similar events are not repeated and to contribute to
prevention. 493 In this regard, the Court recalls that the State must prevent the recurrence
491
It should be borne in mind that the Convention on the Rights of the Child establishes, as part of the
regime for the integral protection of the child, the obligation to prevent family separation and preserve family
unity. Cf. Committee on the Rights of the Child, General comment 14 on the right of the child to have his or her
best interests taken as a primary consideration (art. 3, para. 1), CRC/C/CG/14, May 29, 2013, para. 60.
492
Cf. Case of Cantoral Benavides v. Peru. reparations and costs. Judgment of December 3, 2001. Series C
No. 88, para. 79, and Case of Norín Catrimán et al. (Leaders, members and activist of the Mapuche Indigenous
People) v. Chile, para. 428.
493
Cf. Case of Pacheco Teruel et al. v. Honduras. Merits, reparations and costs. Judgment of April 27, 2012.
Series C No. 241, para. 92, and Case of Veliz Franco et al. v. Guatemala, para. 260. See also, “Guarantees of
144
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos