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parents; establishment of an internal complaint mechanism to settle disputes, and
the guarantee of the right to education, without any distinction based on nationality.
Furthermore, with regard to compensation, they requested non-pecuniary damages
for the children and their next of kin, and consequential damages for the children’s
next of kin.
18.
On March 6, 2000, during its one hundred and sixth regular session, the
Commission held a hearing on a possible friendly settlement in this case. On that
occasion, the petitioners’ representatives reiterated the requests submitted in their
proposed friendly settlement and, at the end of the hearing, they asked the
Commission to terminate the friendly settlement procedure. For its part, the State
indicated that the case of the Yean and Bosico children was not an isolated case and
that domestic remedies had not been exhausted. The State also advised that the
registration procedure requirements established by Act No. 659 of July 17, 1944, on
Civil Status Acts (hereinafter “Act No. 659”) are of a general nature and are not
discriminatory, because it is a national law; accordingly, accepting the children’s
request would entail violating domestic law.
19.
On March 6, 2000, the State submitted a brief on the arguments presented
during the hearing before the Commission and indicated that: (a) “the [State] finds
it unacceptable that the [children] are attempting to obtain a birth certificate illegally
[...]; a late declaration made without respecting the provisions of [Act No. 659]
would be absolutely void;” (b) “the requirements of [the Central Electoral] Board are
obligatory for all those on Dominican territory [and] the Public Prosecutor’s refusal to
accept the [late] declaration [...] was based [...] on the fact that the obligatory legal
requirements had not been fulfilled;” and (c) “the procedure exhausted by the
[children] concluded with the ruling of the Public Prosecutor of the District of Monte
Plata.” In this regard, article 41 of Act No. 659 establishes that “[t]he Civil Status
Registrar who has received a late declaration of birth shall immediately forward a
certified copy of the record to the Public Prosecutor of the corresponding judicial
district, who [...] shall authorize the court of first instance [to consider the matter,
and that court shall] make a ruling ratifying or not the record of the late declaration.
[...] It is therefore evident that domestic remedies have not been exhausted in the
instant case.”
20.
On May 2, 2000, the petitioners’ representatives indicated that “they ha[d]
exhausted the pertinent domestic remedies [and that] they [did] not have to exhaust
any other remedy before the Central Electoral Board or any other Dominican
institution, because such remedies were neither appropriate nor effective.” In this
regard, they repeated that “there was no recognized procedure for making an appeal
before the Central Electoral Board,” and they mentioned that article 6 of Electoral Act
No. 275-97 of December 21, 1997, stipulated that the decisions of the Central
Electoral Board may not be appealed. This is confirmed in the case law of the
Supreme Court of Justice of the Dominican Republic (hereinafter “Supreme Court of
Justice”), so there was no possibility of a judicial review of the decisions of the
Central Electoral Board. Regarding compliance with article 41 of Act No. 659, they
stated that, on the one hand, the remedy addressed to the Public Prosecutor was an
appropriate response to the refusal of the Civil Status Registrar to issue the birth
certificates and, on the other hand, “there is no legal provision establishing the
obligation or the possibility” of appealing before the court of first instance, because
the Public Prosecutor is responsible for transmitting late declarations to that court
and “there is no provision that authorizes the [children] to do this themselves.”
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