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immigration control operations; nor does it indicate that it has done an in-depth examination of the
situation of each of the victims, and does not specify what determining factors were used as justification
to deprive or deny the victims in this case of their Dominican nationality.
247.
Given the foregoing, and because documents proving nationality were either destroyed
by agents of the State or could not be presented, Benito Tide Méndez, William Medina Ferreras, Wilda
Medina, Luis Ney Medina, Carolina Isabel Medina, Ana Lidia Sensión, Reyita Antonia Sensión, Rafaelito
Pérez Charles, Miguel Jean, Victoria Jean and Nathalie Jean were de facto arbitrarily deprived of their
nationality. On the other hand, Jeanty Fils-Aime, Nene Fils-Aime, Fiane Fils-Aime, Antonio Fils-Aime,
Marilobi Fils-Aime, Endry Fils-Aime, Andren Fils-Aime, Juan Fils-Aime, Berson Gelin and Víctor Jean
were adversely affected by a State policy that made it difficult to register children of Haitian descent born
on Dominican soil. As a result of these circumstances, and despite the fact that they were Dominican
nationals, these victims were expelled from Dominican territory and prevented from returning to arrange
for documents to replace their original identification documents.
248.
In conclusion, the Commission observes that by virtue of Dominican law and through the
practices in which the State engages, Dominicans of Haitian descent are being arbitrarily deprived of their
nationality because of obstacles calculated to prevent them from being registered or because the
documents certifying their Dominican citizenship are being destroyed. This is a widespread practice
targeted specifically at persons of Haitian origin or descent and persons whose skin color is darker. The
Commission again makes the point that race and national origin are “suspect categories” of distinction
and therefore subject to stricter control and scrutiny.
249.
In this case, while domestic law does not contain express provisions prejudicial to Haitian
persons and Dominicans of Haitian descent, it is also true that the way in which the law is interpreted and
applied has a discriminatory impact against this element of the population. Furthermore, in response to
these allegations and considering the standard of proof explained above, the State has failed to show that
the State authorities are not taking skin color or presumed national origin into account when decisions are
made concerning the conferral of nationality.
250.
Based on the foregoing, the Commission concludes that the State violated the right to
legal personality and the right to nationality recognized in articles 3 and 20 of the American Convention,
read in conjunction with the obligation to respect rights without discrimination and the principle of equality
and non-discrimination, established in articles 1(1) and 24 of the Convention, to the detriment of Benito
Tide Méndez, William Medina Ferreras, Wilda Medina, Luis Ney Medina, Carolina Isabel Medina, Ana
Lidia Sensión, Reyita Antonia Sensión, Rafaelito Pérez Charles, Jeanty Fils-Aime, Nene Fils-Aime, Diane
Fils-Aime, Antonio Fils-Aime, Marilobi Fils-Aime, Endry Fils-Aime, Juan Fils-Aime, Andren Fils-Aime,
Berson Gelin, Víctor Jean, Victoria Jean, Miguel Jean and Nathalie Jean.
F.
Freedom of movement and residence (Article 22 of the American Convention), read
in conjunction with the principle of equality before the law (Article 24 of the
American Convention) and the obligation to respect rights without discrimination
(Article 1(1) of the American Convention)
251.
The relevant parts of Article 22 of the American Convention read as follows:
1.
Every person lawfully in the territory of a State Party has the right to move about in it, and to
reside in it subject to the provisions of the law.
3.
The exercise of the foregoing rights may be restricted only pursuant to a law to the extent
necessary in a democratic society to prevent crime or to protect national security, public safety,
public order, public morals, public health, or the rights or freedoms of others.
5.
No one can be expelled from the territory of the state of which he is a national or be
deprived of the right to enter it.