B.2.6. Jean family
222. Victor Jean and his son Markenson stated that Victor was born in Jimaní, Dominican
Republic, 252 on April 13, 1958. Victor Jean lived in Villa Faro, Dominican Republic, with his
family consisting of Marlene Mesidor, born in Haiti on July 3, 1972, who has a Haitian
passport, 253 and his four children: Markenson Jean Mesidor, born on November 15, 1992,
in Haiti, who has a Haitian passport; 254 Miguel Jean, born on November 13, 1994; 255
Victoria Jean, born on November 13, 1996, who died on April 20, 2014, 256 and Natalie
Jean, born on July 20, 2000, in Villa Faro, Santo Domingo. 257 Victoria, Miguel and Natalie
were born in the San Lorenzo de los Minas Maternal and Child Health Care Center, Santo
Domingo, Dominican Republic. 258 The Jean family lives in the Dominican Republic at this
time. The State indicated that there are no opportune or late birth declarations of Miguel
Jean, Victoria Jean, and Natalie Jean. 259
223. In December 2000, at around 7:30 a.m. State agents came to the Jean family‘s
home and knocked loudly on the door; they then entered the home and ordered the
family to leave and get into a “bus,” 260 to which Mrs. Mesidor and the couple’s four
252
Cf. Affidavit made by Markenson Jean on September 29, 2013 (file of preliminary objections, merits and
reparations, f. 1730), and Statement made by Victor Jean to Columbia University on January 11, 2001 (file of
annexes to the Merits report, annex 39, f. 350). The State provided a document entitled Certification that there is
no birth declaration for Victor Jean, issued by the Jimaní Registry Office, corresponding to Volume No. 18 of
1958, as well as a document entitled Non-declared Certification, issued by the Civil Registry of the municipality of
La Descubierta on February 8, 2013, indicating that, following a thorough search in the opportune and late birth
records in its archives from 1958 to 2000, it was not possible to find the name of Victor Jean, born on April 13,
1958 (file of annexes to the answering brief, f. 6550). Similarly the State provided other certifications that
support this (cf. file of annexes to the answering brief, fs. 6551 to 6555. It should be noted that in some of the
certifications provided, the name of Victor Jean appears as Jeam or Jan).
253
Cf. Affidavit made by Marlene Mesidor. Affidavit made by Markenson Jean, and safe-conduct of Marlene
Mesidor (file of annexes to the motions and arguments brief, annex B07, f. 3523).
254
Cf. Birth certificate of Markenson Jean, affidavit made by Markenson Jean, and affidavit made by Marlene
Mesidor. According to the statements of Marlene Mesidor and Markenson Jean, in 1991 Victor Jean and Marlene
Mesidor had been expelled from Dominican Republic. They stated that, after a time spent in Haiti, Mr. Jean
returned to the Dominican Republic to work, while Mrs. Mesidor, who was pregnant again, remained in Haiti,
where her son Markenson was born. She returned to the Dominican Republic when her son was one year old, in
1993.
255
Cf. Affidavit made by Marlene Mesidor, and male birth certification [Miguel] issued on March 8, 2010, by
the San Lorenzo de los Minas Mother and Child Health Care Clinic of the Secretariat of Public Health and Social
Assistance (file of annexes to the motions and arguments brief, annex B09, f. 3529).
256
Cf. Affidavit made by Marlene Mesidor; certification of female birth [Victoria] issued on March 8, 2010, by
the San Lorenzo de los Minas Mother and Child Health Care Clinic of the Secretariat of Public Health and Social
Assistance (file of annexes to the motions and arguments brief, annex B09, f. 3530). In the death certificate,
which was issued on April 20, 2014, by the Ministry of Public Health, it appears that she is of “Haitian” nationality
(death certificate of Victoria Jean issued by the Ministry of Public Health of April 20, 2014. File of preliminary
objections, merits and reparations, f. 3751).
257
Affidavit made by Marlene Mesidor, and certification of female birth [Natalie] issued on March 8, 2010, by
the San Lorenzo de los Minas Mother and Child Health Care Clinic of the Secretariat of Public Health and Social
Assistance (file of annexes to the motions and arguments brief, annex B09, f. 3531).
258
Affidavit made by Marlene Mesidor; affidavit made by Markenson Jean; certification of male birth (live
birth) [Miguel], certification of female birth (live birth) [Victoria], and certification of female birth (live birth)
[Natalie]. Marlene Mesidor stated that her children only have the live birth certifications, that they did not have
birth certificates. She also stated that she once when to register them and was told that if she did not have
Dominican documents, she could not register them.
259
Cf. Certification of birth declaration issued by the Central Electoral Board on July 4, 2012, recording that
there are no opportune or late birth declarations relating to: Miguel Jean, Victoria Jean and Natalie Jean (file of
annexes to the answering brief, f. 2204).
260
Cf. Affidavit made by Markenson Jean; affidavit made by Marlene Mesidor, and statement made by
Marlene Mesidor to Columbia University on January 11, 2001 (file of annexes to the Merits report, annex 40, fs.
352 to 361). These statements reveal that the agents were “immigration” officials. However, on January 11,
74
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