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

Select target paragraph3