Nota de la Comisión de 26 de marzo y 8 de abril de 1993 en las que aporta información adicional sobre las víctimas y sus familiares.
March 26, 1993
Ref: CASE 10.150
Dear President Fix-Zamudio:
The Commission and its legal advisor take this opportunity to acknowledge receipt of the Court's resolution of March 16, 1993, and the Court's communication of March 18, 1993. The Court stated in its resolution that it had learned that some of the victims' wives were divorced prior to the victims' deaths, and stated in its subsequent communication that it had verified ¬graves divergences¬in information identifying the victims' wives and children.
The Commission and its legal advisor respectfully request that the Court notify us as to the nature and source of information received on this issue. The legal team also requests copies of any related documentation received. First, this would be consistent with the system of full disclosure and openness provided for in the Court's Regulations. Second, this would better enable the Commission to respond to the Court's request.
As the Court is well aware, the legal team's ability to ascertain information from the victims' families in the interior of Suriname is restricted by distance, logistic, resource and language barriers. Specific information from the Court would facilitate the legal teams' work with its fact gatherers in Paramaribo.
We have already initiated certain measures to provide the court with verification of the identity of the victims' wives and children. We are pursuing this information as diligently as possible, but would request the provision of the requested information as an essential aid to the legal team's production of this information. The Commission's legal team would be very grateful for the Court's cooperation in this matter.
Sincerely,
Claudio Grossman David Padilla
Legal Advisor Assistant Executive Secretary
Dr. Héctor Fix-Zamudio, President
Inter American Court of Human Rights
San Jose, Costa Rica
April 8, 1993
Ref.: CASE 10.150
Dear President Fix-Zamudio:
The Commission's delegate and legal advisor hereby provide their response to the Court's Resolution of March 16, 1993, requesting verification of individuals identified as the victims' wives and children, and the Court's communication of March 18, 1993, requesting verification of the marital status of the individuals identified as the victims' wives. In order or provide the most accurate information, the Commission's legal team requested the Surinamese human rights organization Moiwana'86 to pursue all possible means to verify the identify of the wives and children of the seven victims in this case. In order to present a comprehensive definitive list of those entitled to compensation, the Commission's legal team also sought out and received verification of the victim's other dependents.
Moiwana'86 undertook extensive measures to gather the necessary information, including sending a delegation to the interior villages where the families live. Pursuant to our request, Moiwana'86 sought out any and all possible means of proof. The delegation to the interior sought out not only the family members, but also the village authorities, namely the village captain and his assistant. They had the village authorities attest to marriages in effect at the time of the victims' deaths, and to divorces that occurred prior to the victims' deaths. The delegation also made a special effort to obtain family records and identification documents where available. The investigation undertaken by Moiwana'86 revealed that five of the individuals identified as wives of the victims were in fact divorced prior to the time of the victims' deaths.
Because the Saramaka operate in a primarily verbal rather than literate culture, and because of the scarcity of registration offices and other official record keeping institutions, there have been inconsistencies in the spelling of names. The fact gathers of Moiwana'86 undertook in as many cases as possible to investigate and verify the correct spellings of names. Likewise, due to the scarcity of records, there are discrepancies in the listing of the ages of various dependents. The fact gatherers from
Dr. Héctor Fix-Zamudio, President
Inter American Court of Human Rights
San Jose, Costa Rica
Moiwana'86 made a concerted effort during their trip to the interior to check any available written records for correct dates of birth. The dates noted in the enclosed list are therefor authoritative. Additionally, Moiwana'86 provided corrections to typographical errors found in the affidavits the organization provided to the Commission's legal team and which the Commission submitted to the Court as annexes to its brief on compensation. (See Moiwana'86 letter of March 31, 1993, page 2-4).
The Commission's legal team, pursuant to the additional information and proof supplied by Moiwana'86 has drawn up a definitive list of each victim's wives, children and other dependents. This amended list, and the corrected spellings and dates contained therein are meant to form the definitive basis for the determination compensation. This list is enclosed, as are the communications from Moiwana'86 transmitting the results of their investigation.
We would like to emphasize that the amendments to the list of family members and dependents do not alter the amounts requested to materially and morally compensate each family group for the loss of their loved one. The amendments merely alter the distribution of the amounts requested. In its brief on compensation, the Commission's legal team referred to the desired distribution of compensation indicated by the victims' families. Although in several cases the number of persons among whom the distribution will be made is now altered, the basic proportional scheme set forth by the families remains a guideline for the Court.
The Commission's legal team respects and appreciates the Court's thoroughness in arriving at the determination on compensation in this complex case. We gratefully acknowledge this opportunity to clarify the record, and to submit our amended and definitive list of the wives, children and dependents of the victims in this case. We regret any inconvenience this matter may have caused the Court or the Government. However, we are sure that the Court will appreciate that all parties have been acting in good faith and that any confusion is attributable to language and cultural barriers. In any event, we are confident that the enclosed document is accurate and thorough.
Sincerely,
David Padilla Claudio Grossman
Assistant Executive Secretary Legal Advisor
CASE 10.150
ALOEBOETOE ET AL.
DEFINITIVE LIST OF VICTIMS' WIVES, CHILDREN AND
OTHER DEPENDENTS - AMENDING THE LIST PROVIDED IN
THE COMMISSION'S MARCH 1992 BRIEF ON COMPENSATION
April 8, 1993
Victim: ASIPEE ADAME
Wives: NONE
Children: NONE
Other dependents:
Father:
AMOIDA PAGAI - born 1936
Aunts:
DOFIA AMOIDA - born 1938 (listed in brief as Sofia)
BOESIENG ADAME - born 1949 (listed in brief as Bosyen)
JOHANNA ADAME - born 1930 (listed in brief as Awagimie)
KIKIIMUNJE ADAME
KAJANAMAI ADUNISI ADAME (previously spelled Adonisi or Adunisi)
Uncle:
FRANSZOON BEFI - born 1940 (listed in brief as Akinopai - his nickname)
THE CORRECTIONS
The new information supplied by Moiwana'86 confirms the previous identification of dependents. It does not alter the number or identity of the dependents previously listed, it only alters the spelling of the names as indicated by parentheses.
Victim: DAISON ALOEBOETOE
Wives:
AINGIFESIE ALOEBOETOE - born 1975
WENKE ASODANOE - born 1966 (previously listed as born in 1975; previously spelled Asoedanoe)
Children with Aingifesie Aloeboetoe:
LEONA ALOEBOETOE - born 1987
Children with Wenke Asodanoe:
PODINI ASODANOE - born 1983
MARADONA ASODANOE - born 1987
Other dependents:
Mother:
AJONG ALOEBOETOE - born 1940
Sisters:
TONIMOEJE ALOEBOETOE - born 1969
SEILA ALOEBOETOE - born 1972
Brother:
ASANDOI ALOEBOETOE - born 1964 (identified in brief as victim's sister)
THE CORRECTIONS
Asandoi Aloeboetoe, previously identified as a sister of the victims, and is in fact the victim's brother. Although no siblings were listed in the questionnaire (brief annex 4), siblings were listed in the affidavit which was intended to provide the authoritative source of information (brief annex 18), and in the text of the Commission's brief. The new information provided by Moiwana'86 confirms the identity and relationship of two sisters and one brother.
The spelling of names and dates of birth are corrected where indicated.
Victim: DEEDEMANOE ALOEBOETOE
Wives:
NORMA ALOEBOETOE - born 1958
ASOIDAMOEJE TIOPO - born 1963 (listed in brief as Asoinda; listed in brief with earlier date of birth)
Divorced from:
SELLI MEIMEI FOTO - around 1980 (listed in brief as Me-Mei Foto)
Children with Asoidamoeje Tiopo
KLUCION TIOPO - born 1987
Children with Selli Meimei Foto
MOITIA FOTO - born 1980 (listed in brief with later date of birth)
Other dependents:
Mother:
AJONG ALOEBOETOE - born 1940 (listed in brief with earlier date of birth)
Sisters:
TONIMOEJE ALOEBOETOE - born 1969
SEILA ALOEBOETOE - born 1972
Brother:
SANDOI ALOEBOETOE - born 1964 (identified in brief as victim's sister)
THE CORRECTIONS
The new information supplied by Moiwana'86 indicates that the victim had been divorced from Selli Meimei Foto, who had been listed in the brief as one of the victim's wives, at the time of his death. Her name has thus been removed from the list of the victim's wives at the time of his death.
Moiwana'86 was able to verify Moitia Foto as the child of the victim and Selli Meimei Foto. The Commission's brief had also listed Josie Foto as their child - but this could not be verified, thus we have removed that name from the list of children.
Asandoi Aloeboetoe, previously identified as the victim's sister is in fact the victim's brother, as reflected in the amended list. Although no siblings were listed in the questionnaire (brief annex 5), siblings were listed in the affidavit which was intended to provide the authoritative source of information (brief annex 19), and in the text of the Commission's brief. The new information provided by Moiwana'86 confirms the identity and relationship of two sisters and one brother.
Victim: MIKUWENDJE ALOEBOETOE
Wives: NONE
Children: NONE
Other Dependents:
Mother:
ANDEJA ALOEBOETOE - born 1931 or 1940
Father:
MASATIN KOEDEMOESOE - born 1919 (the family name is Koedemoesoe, not Koedoemoesoe as listed in brief)
THE CORRECTIONS
(The affidavit and questionnaire previously supplied to the Court had not identified clearly Masatin Koedemoesoe's relationship to the victim. By a note of March 2, 1993, the Commission's legal team notified the Court that Masatin Koedemoesoe was the father of Mikuwendje. This new information confirms that relationship. It may be noted that no compensation was requested in the name of the victim's Masatin Koedemoesoe in the Commission's brief)
Victim: RICHENEL ASIDE
Wives:
SENDA PALESTINA ESJE LUGARD - born 1963 (listed in brief as Elsje Lugard; listed in brief with earlier date of birth)
MANGOEMAW ADJAKO - born 1954 (listed in brief as Mangumau) (died January 12, 1993)
Divorced from:
ADONA TIOPO - as of 1987
Children with Mangoemaw:
STEFAN ADJAKO - born 1975
BERTHOLINA ADJAKO - born 1977 (listed in brief as Bertelien)
JOHN ADJAKO - born 1979 (listed in brief as Benisie)
GODFRIED FRANKLIN ADJAKO - born 1981 (listed in brief with later date of birth)
PAMELA JAJA ADJAKO - born 1986 (listed in brief as Adina)
Children with Adona Tiopo:
BANA TIOPO
Other dependents:
Sister:
ADOFO ISJANA ASIDE - born 1928
Mother:
DADDA ASIDE - born 1901
THE CORRECTIONS
The new information supplied by Moiwana'86 indicates that the victim had been divorced from Adona Tiopo, who had been listed in the brief as one of the victim's wives, at the time of his death. Her name has thus been removed from the list of the victim's wives at the time of his death. As indicated in parentheses, the spelling of a number of names has been corrected.
Victim: INDIE HENDRIK BANAI
Wives:
ADELIA KOEDEMOESOE - (listed in brief as Koedoemoesoe)
Divorced from:
SOMBAMOEJE VORSWIJK - around 1986 (listed in brief as Somba Vorstwijk; for definitive spelling of name see copy of identification document)
ANIEMOEJE ADIPI - around June, 1987
TONGIABOEKA AFONSOEWA - around 1981 (listed in brief as Tonkjaboeka)
Children with Adelia Koedemoesoe:
ELBES KOEDEMOESOE - born 1981 (listed in brief as Albes)
Children with Sombamoeje Vorswijk:
CHRIS ENOI VORSWIJK - born 1977
SIKE KARO VORSWIJK - born 1978 (listed in brief as Aiko)
ROBERT VORSWIJK - born 1982
ETTY VORSWIJK - born 1984
Children with Aniemoeje Adipi:
ETMELIA ADIPI - born 1980
Children with Tongiaboeka:
JENNY AFONSOEWA
Other dependents:
Mother:
GOENSIKONDE BANAI - born 1935 (listed in brief Goensikondre)
Father:
EKETO TIOPO - born 1933 (identified in brief as uncle)
Grandfather:
MASATIN KOEDEMOESOE - born 1919 (listed in brief as Koedoemoesoe)
THE CORRECTIONS
The new information supplied by Moiwana'86 indicates that the victim has been divorced from Sombamoeje Vorswijk, Aniemoeje Adipi, and Tongiaboeka Afonsoewa, who were listed in the brief as the victim's wives at the time of his death. Those three names have thus been removed from the list of the victim's wives at the time of his death.
Eketo Tiopo was listed in the brief as the victim's uncle when in fact he is the victim's father. As indicated in parentheses, the spelling of a number of names has been corrected.
The questionnaire brief annex 8) and affidavit (brief annex 22) listed Edlbers Vorstwijk as a child of Somba Vorstwijk (Sombamoeje Vorswijk). This identity or relationship was never confirmed, and his name was not included in the list of dependents submitted in the text of the Commission's brief and no claim was made. The new information from Moiwana'86 includes only the above listed seven children, and does not include Elbers Vorstwijk.
Victim: BERNARD TIOPO
Wives:
DINA ABAUNA - born 1958
GLENDA LITA TOOY - born 1964
AJEMOE SAMPI - born 1962 (listed in brief as Ajemu Sampie; see identification document for definitive spelling)
Children with Ajemoe:
SENEJA SAMPI - born 1981
ARISIN SAMPI - born 1983
MARITIA VIVIAN SAMPI born 1986
Children with Dina:
BAKAPINA ABAUNA born 1975
Children with Wiiso:
ANTHEA VORSWIJK - born around 1971/2 (listed as much older in brief)
APINTIMONIE VORSWIJK - born 1972 (listed in brief as Kapintimonie Vorstwijk)
Other dependents:
Mother
ANGALOEMOEJE TIOPO - born 1920
Aunt:
ASENNIE TIOPO - born 1933
Grandfather:
BONETIE DJANTIE - born 1908
Grandmother:
AKOEW TIOPO
Granduncle:
DJELOEMOE TIOPO - born around 1920
Educator:
DRIMA VALIES
THE CORRECTIONS
(It may be noted that as was stated in the Commission's brief at page 47 of the English text, Bernard Tiopo had been married to Wiiso Vorswijk, but they had divorced prior to this death and no claim was made on her behalf.)
The affidavit (brief annex 23) had neglected to list Anthea Vorswijk as Bernard Tiopo's child. the questionnaire had so listed her (brief annex 9). Anthea was listed in the Commission's brief as one of the victim's children and a claim was made on her behalf. The new information provided by Moiwana'86 confirms that Anthea was indeed the victim's first child, born around 1971 or 1972.
Both Anthea Vorswijk and Apintimonie Vorswijk were the victim's children by Wiiso Vorswijk, not by Glenda Lita Tooy, as was listed. The victim had no children by Glenda Lita Tooy.