92. The Court notes that the State questioned the status as presumed victims of Marilobi and Andren, both surnamed Fils-Aimé, based on the statement of Janise Midi, and also of Juana (or Juan) (supra para. 64). As the State has indicated, it is true that, in her statement, Mrs. Midi failed to mention explicitly that Marilobi and Andren were present when the agents came to the house; she also failed to mention Juana (or Juan). However, she did state that, at that time, she “had three children with [her] husband. A son of [her] husband, called [Nené], and [the] children [(of her husband and herself)] Endry, Antonio and Diane, lived with them at the time.” Regarding Juan Fils-Aimé, the representatives affirmed that, based on Janise Midi’s statement, this person should not be considered a victim in the case. Accordingly, the Court considers that it is not possible to infer from the said statement that Marilobi, Andren and Juana (or Juan) surnamed Fils-Aimé 66 were in the house at the time of the events; thus, there is no factual support to consider them presumed victims. 93. In addition, some individuals indicated as presumed victims were born on Haitian territory after the dates indicated for the expulsions in this case, or their ties to the persons who are alleged to have been expelled or deported were established after those dates. In this regard, the Commission alleged in the Merits report that the expulsions affected “even the new members of the families” and, according to the Commission, this resulted in violations to their human rights. This is the case of Carolina Fils-Aimé, who was born on November 15, 2000, whose status as a presumed victims was contested by the State for this reason (supra para. 64); and also of those who, in the Merits report, were referred to as “Gili Sainlis” (supra footnote 11), Jamson, Faica and Kenson, all surnamed Gelin, regarding whom it was merely indicated that they are the companion and children, respectively, with whom Bersson Gelin lives in Haiti “following [his] expulsion.” This is also revealed by the arguments of the representatives. It is also the case of Ana Dileidy and Analía, 67 both surnamed Sensión, daughters of Ana Lidia Sensión, who were born in 2007 and 2009, respectively, and of Maximiliano Sensión and Emiliano Mache, sons of Reyita Antonia Sensión, who were born following their expulsion and after Antonio Sensión had found the members of his family (infra para. 218). 68 In addition, the persons identified as Jessica and Victor Manuel, both surnamed Jean, were born in September 2003 and on January 16, 2005, respectively. 69 The Court considers it evident that the State actions 66 Janise Midi’s statement contradicts Jeanty Fils-Aimé’s affirmation in his 2002 statement, when he said that his wife and his “seven” children had been detained (file of annexes to the Merits report, annex 19, f. 212). In view of the contradiction between the two statements, and considering the above-mentioned position of the representatives, the Court considers it appropriate to abide by Mrs. Midi’s statement rather than that of Jeanty Fils-Aimé, because Mrs. Midi’s statement was presented in the context of these proceedings before the Court and made by affidavit (infra para. 111). 67 The Merits report mentions this person as “Analideire.” However, the birth registration indicates “Analía”; therefore the Court will use the latter name, placing on record that this refers to the person who was referred to as “Analideire” in the Merits report (cf. Certification of birth registration of Analía Sensión, daughter of Ana Lidia Sensión, issued by the National Civil Registry Directorate, attached to the Central Electoral Board on February 16, 2010 (file of annexes to the motions and arguments brief, annex B17, f. 3552). 68 Although there is no official information on the date of birth of Maximiliano Sensión and Emiliano Mache Sensión, sons of Ana Reyita, the representatives advised that “Emiliano Mache Sensión […] was born on November 27, 2007,” and that Maximiliano Sensión was the “youngest son” of Reyita Antonia Sensión. In addition, the Court has been advised that Maximiliano is deceased (cf. Affidavit made by Antonio Sensión on September 29, 2013, file of preliminary objections, merits and reparations, f. 1772). 69 Affidavit made by Marlene Mesidor on September 29, 2013 (file of preliminary objections, merits and reparations, fs. 1735 and 1736). The Merits report merely indicates that “the family members of the presumed victims in this case are […] Jessica Jean and Victor Manuel Jean” and, in this regard, cites the “Observations on the merits of the case presented by the petitioners on April 16, 2009” (file of annexes to the Merits report, annex 5, fs. 36 to 119). This document indicates that “Victor Manuel (born on January 16, 2005,) [and] the child Jessica[,] were born in Santo Domingo, Dominican Republic.” Regarding these persons, in the Merits Report, the Commission considered that Articles 5 and 17 of the Convention had been violated to their detriment without providing any specific legal or factual grounds. The representatives did not present any specific arguments on Victor Manuel Jean and Jessica Jean either. 30