Commission indicated in its Merits Report that “the representatives provided a list of injured
victims on which they included the names of Noclair Florvilien, Rose Marie Petit-Homme
Estilien, Joseph Dol and Silvie Felizor, as well as seven persons “whose name is unknown.”
Nevertheless, the Commission had no “information in the case file on the said victims, or on
the facts and violations alleged with regard to them. Consequently, the Commission was not
[able] to analyze the circumstances applicable to them in the […] Merits Report.”
Subsequently, when submitting the case to the Court, the Commission indicated that “when
approving Report No. 174/10, it had defined the universe of victims, leaving open in its
recommendations the State’s obligation to locate the other victims of the events. Following
the approval of the Merits Report, the petitioners had provided the Commission with a list of
persons who they considered were survivors and next of kin of the victims who had been
executed.” Finally, in addition to the 51 next of kin of the deceased who were identified, the
Commission indicated, indeterminately, a series of children, siblings and a companion as
presumed victims.28
28.
The representatives indicated as presumed victims the same seven deceased persons
named by the Commission,29 14 survivors,30 eight individuals referred to as “other victims
(persons unidentified in the case, but named ab initio by the State)”31 and 104 individualized
next of kin of the survivors and/or the deceased.32 In addition, regarding the survivors, the
representatives clarified that there was some confusion regarding three of the four persons
mentioned by the Commission in its Merits Report who were not included as victims owing to
the alleged lack of information (see supra para. 27). In this regard, the representatives
clarified that Rose Marie Petit-Homme Estilien is also known as Cecilia Petithomme/Estilien
or Cecilia Petit-Homme; Silvie Felizor is also known as Silvie Therméus, and Joseph Dol is
also known as Joseph Desravine or Maudire Felizor. They also accredited Noclair Florvilien as
a presumed victim survivor. Regarding the next of kin of the deceased victims announced by
the Commission as children, siblings, and companion, the representatives also individualized
four siblings of Máximo Rubén de Jesús Espinal33 and a sister of Pardis Fortilus.34 In addition,
they indicated that Silvie Felizor is both a surviving victim and a sister of deceased victim
Roselene Therméus. Lastly, the representatives clarified that Sonide Nora, presumed
surviving victim, who had initially been identified as a minor, had attained her majority at
the time of the facts.
Devraine (also known as Maudire Felizor)” (merits file, tome I, folio 34). In addition, it should be noted that the
presumed victim Michel Francoise was considered by the Commission as one of the persons who suffered a violation
of his personal integrity; however, it failed to include him as a victim in the concluding paragraphs on the violations
of Articles 7, 5(1), 5(2), 8 and 25 of the American Convention, without providing any justification in this regard
(merits file, tome I, folios 6, 20, 23, 59 and 65).
28
In the case of Ilfaudia Dorzema, Jacqueline Maxime, Nadege Dorzema and Pardis Fortilus, the Commission
referred to an indeterminate number of “children.” Similarly, in the case of Máximo Rubén de Jesús Espinal, Nadege
Dorzema and Pardis Fortilus, the Commission referred to “siblings” without determining their name or number.
Lastly, in the case of Roselene Therméus, the Commission referred to a permanent companion without determining
the name (merits file, tome I, folios 34 and 35). See also briefs of the representatives before the Commission of
September 17, 2010 (presented by e-mail on September 21, 2010) and of October 20, 2010 (file of annexes to the
merits report, folios 101 to 1004 and 1055to 1064).
29
“Jacqueline Maxime, Fritz Alice (Gemilord), Roselene Therméus, Ilfaudia Dorzema, Máximo Rubén Jesús
Espinal, Pardis Fortilus and Nadege Dorzema” (merits file, tome I, folio 192).
30
“Joseph Pierre, Celafoi Pierre, Joseph Desravine, Renaud Tima, Noclair Flor Vilien, Sylvie Felizor, Roland
Israel, Rose Marie Petit-Homme, Sonide Nora, Josué Maxime, Alphonse Oremis, Honorio Winique, Rose Marie Dol
and Michel Forentin (or Françoise)” (merits file, tome I, folios 192 and 193).
31
Cf. Note of the Head of the National Police of June 20, 2000: “Favio Patra, Ninaza Popele, Antonio Torres,
Michel Marilin, Alfonso Ajise, Jose Luis, Manuel Bldimir and Zuñidla Neiba” (merits file, tome I, folio 193; file of
annexes to the pleadings and motions brief, tome III, folios 2778 and 2779).
32
Pleadings and motions brief (merits file, folios 193 to 196).
33
“Amarilis Mercedes, Carmen Rosa, Jose Leonel and Jose Radhames” (merits file, tome I, folio 194).
34
“Rose Fortilus” (merits file, tome I, folio 194).
11