established in Article 21 of the American Convention, in relation to Article 1(1), to the
detriment of some presumed victims. 483
440. The representatives referred to the fact that some of the presumed victims were
forced from their home without having the opportunity to take their possessions with
them, and without being able to return to their place of origin for a long time. In other
cases, they indicated that the presumed victims were deprived of the possessions that
they had taken with them by the authorities who detained them. The representatives
considered that “the expulsion of the presumed victims entailed, for all of them,
interference in the enjoyment of the right to property in relation to several of their
belongings.” Consequently, they asked the Court to declare that the State had violated
Article 21 of the Convention, in relation to Article 1(1) of this instrument, to the detriment
of Willian Medina Ferreras, Jeanty Fils-Aimé, Victor Jean, Bersson Gelin and Rafaelito
Pérez Charles.
441. For its part, the State asserted that there was no evidence in the case file to prove
material losses, “not even documentary or circumstantial proof, other than the statements
of the presumed victims themselves that, at some time, they had possessed these
objects, money or household goods.” Accordingly, the State indicated that it was not
responsible for the presumed violations of the right contained in Article 21 of the
Convention, in relation to Article 1(1) of this instrument, to the detriment of some
presumed victims. 484
B) Considerations of the Court
442. The Court has already determined that the expulsion of Ana Virginia Nolasco and her
daughters, Ana Lidia and Reyita Antonia, both surnamed Sensión, falls outside the
temporal competence of the Court; hence, it is not pertinent to examine the alleged
violation of the right to property recognized in Article 21 of the Convention, in relation to
them.
443. As regards the members of the Medina, Jean, Fils-Aimé, Bersson Gelin and Rafaelito
Pérez Charles families, although both the Commission and the representatives argued the
loss of household furnishings, personal effects, clothing, livestock (pigs, hens, cows,
horses), savings and cash or wages owed to the presumed victims, the Court considers
that the facts described and alleged by the Commission and the representatives are
related to facts that have already been examined in Chapter IX of this Judgment, so that
there is no need to rule on this.
XIII
REPARATIONS
(Application of Article 63(1) of the American Convention)
444. Based on Article 63(1) of the American Convention, the Court has indicated that any
violation of an international obligation that has caused harm entails the duty to make
adequate reparation, and that this provision reflects a customary norm that constitutes
483
Including: Willian Medina Ferreras, Lilia Jean Pierre, Awilda Medina, Luis Ney Medina, Carolina Isabel
Medina, Jeanty Fils-Aimé, Janise Midi, Nené Fils-Aimé, Diana Fils-Aimé, Antonio Fils-Aimé, Endry Fils-Aimé,
Bersson Gelin, Ana Virginia Nolasco, Ana Lidia Sensión, Reyita Antonia Sensión, Rafaelito Pérez Charles, Victor
Jean, Marlene Mesidor, Markenson Jean, Victoria Jean, Miguel Jean and Natalie Jean.
484
Including: Willian Medina Ferreras, Lilia Jean Pierre, Awilda Medina, Luis Ney Medina, Carolina Isabel
Medina (deceased), Jeanty Fils-Aimé, Janise Midi, Nené Fils-Aimé, Diane Fils-Aimé, Antonio Fils-Aimé, Endry FilsAimé, Bersson Gelin, Rafaelito Pérez Charles, Victor Jean, Marlene Mesidor, Markenson Jean, Victoria Jean, Miguel
Jean and Natalie Jean.
140
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