C.5.1. Regarding those whose identity documents were disregarded by the authorities at the time of their expulsion 272. In the case of the persons who, according to the representatives and the Commission, possessed documentation that proved their Dominican nationality at the time of their expulsion (supra paras. 230 and 237), it should be recalled that, as established in when determining the status as presumed victims of certain persons, the Court will not consider, for the effects of this Judgment, the questions raised by the State with regard to the identity of Willian Medina Ferreras, Awilda Medina, Luis Ney Medina and Carolina Isabel Medina (supra paras. 78 and 91). 273. According to the facts of the case (supra para. 201), the personal documents of Willian Medina Ferreras were destroyed by Dominican officials during his expulsion, and Awilda Medina, Luis Ney Medina and Carolina Isabel Medina were not given the opportunity to show their documents to the officials, because they were expelled without proper examination of their documents and their nationality. Meanwhile, Rafaelito Pérez Charles was detained and expelled by several agents who did not allow him to show his identity documents, even though Mr. Pérez Charles informed them that these were at his home (supra para. 221). 274. The actions of the State agents signified failure to acknowledge the identity of the victims by not allowing them to identify themselves or not considering the documents they presented. This situation affected other rights, such as the right to a name, to recognition of juridical personality, and to nationality that, taken as a whole, impaired the right to identity. In addition, the Court considered that, in this case the State, by ignoring the documentation of Awilda Medina, Luis Ney Medina and Carolina Isabel Medina, who were children at the time of the events, did not take the best interests of the child into consideration. 275. In addition, considering the context in which the facts of the case occurred, the Court found that, in violation of the obligation not to discriminate, the said violations were the result of derogatory treatment based on the personal characteristics of Willian Medina Ferreras, Awilda Medina, Luis Ney Medina, Carolina Isabel Medina and Rafaelito Pérez Charles that, in the opinion of the authorities who intervened, denoted their Haitian origin. 276. Based on the above, the Court considers that the disregard of the documentation of Willian Medina Ferreras, Awilda Medina, Luis Ney Medina, Carolina Isabel Medina and Rafaelito Pérez Charles by State agents at the time of their expulsion constituted a violation of their rights to recognition of juridical personality, to a name, and to nationality, as well as, owing to all these violations taken as a whole, to the right to identity. This entailed the violation of Articles 3, 18 and 20 of the American Convention, respectively, in relation to non-compliance with the obligation to respect rights without discrimination, established in Article 1(1) of this instrument and, in addition, in relation to the rights of the child recognized in Article 19 of the Convention, to the detriment of Awilda Medina, Luis Ney Medina and Carolina Isabel Medina (deceased). C.5.2. Regarding those born in Dominican territory who were not registered and did not have documentation 277. It should be explained that, as revealed by the foregoing, the Commission, contrary to the representatives, affirmed that Victoria, Natalie and Miguel, all surnamed Jean, who were children at the time of the facts, were Dominican nationals and possessed the pertinent documentation to prove this (supra paras. 230 and 238). However, the facts of the case and the State’s assertions (supra para. 222 and footnote 282) reveal that, 90

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