and (c) the adoption of laws prohibiting the practice of collective deportation and ordering
State authorities to cease this practice immediately.
278.m For its part, during the public hearing, the State indicated that it had made important
changes in the judicial system, in relation to both procedural laws and the Constitution.
279. In paragraphs 211 and 216 of this Judgment, the Court declared the violation of
Article 2 of the Convention because the legislation in force that regulated the military
jurisdiction at the time of the events violated the American Convention. However, as
indicated in paragraph 217, the State made several changes to the law from 2002 to 2010,
which determined the competence of the ordinary jurisdiction to try offenses committed by
military personnel, establishing that the military jurisdiction was exclusively for disciplinary
offenses and offenses of a strict military nature. Consequently, the Court concluded that the
current Dominican legislation has remedied the violation of Articles 2, 8 and 25 of the
American Convention. Consequently, it is inappropriate to order a measure of reparation on
this aspect.
D.
Compensation
1.
Pecuniary and non-pecuniary damage
280. The Commission asked the Court to establish a measure of reparation to make
adequate reparation for the human rights violations declared in its Merits Report as regards
both the pecuniary and the non-pecuniary aspects.
281. The representatives asked the Court to take into account the age of each victim at
the time of death, life expectancy, and wage (or the minimum wage for the type of worker).
Also, in order to determine loss of earnings, they indicated that the minimum wage in Haiti
was approximately US$624.00 a year, while in Dominican Republic it was approximately
US$2,900.00 a year. Regarding the surviving victims, the representatives indicated that
they have suffered a loss of productivity in their work and, therefore, asked that the level of
incapacity for work productivity be set at a rate of 75%. They also asked that, in keeping
with the Court’s case law in this regard, the victims should be compensated for the
possessions that were seized or destroyed by State agents.329 Lastly, the representatives
asked the Court to order a minimum payment of US$80,000.00 for each victim, both
deceased and surviving, for non-pecuniary damage.330
329
Regarding the indirect damage, in sworn statements provided by the representatives, some surviving
victims stated that they lost possessions and money during the facts of the case. The said amounts are described as
follows: Celafoi Pierre, stated that he lost 1,500.00 Dominican pesos (US$38.00); Renaud Tima indicated that he
lost 4,000.00 Dominican pesos (US$101.00); Rose Marie Petit-Homme stated that he lost 500 Dominican pesos
(US$12.00) and, lastly, Sonide Nora stated that she lost 1,500 Dominican pesos (US$38,00), a ring worth un 2,000
Haitian gourdes (US$50.00) and her clothes valued at 3,000 Haitian gourdes (US$76.00) (file of annexes to the
pleadings and motions brief, folios 3086 to 3095).
330
Regarding the next of kin of the deceased victims, the representatives requested payment of the following
minimum amounts for non-pecuniary damage: US$50,000.00 to each companion son/daughter, father and mother;
US$20,000.00 to each brother/sister of the victim; US$5,000.00 to a stepfather or stepmother of the deceased
victim, and an additional US$5,000.00 to each family member of the deceased victims for the denial of justice.
Also, regarding the next of kin of the surviving victim, the representatives requested payment of the following
minimum amounts for non-pecuniary damage: US$5,000.00 to the companion of a surviving victim; US$5,000.00
to each son/daughter of a surviving victim; US$15,000.00 to each father/mother of a surviving victim;
US$2,000.00 to each brother/sister of a surviving victim, and US$5,000.00 to each family member of the surviving
victims for the denial of justice. Furthermore, in addition to the amounts indicated above, the representatives
requested the following minimum amounts for non-pecuniary damage: US$2,000.00 for Mélanie Sainvil Pierre,
Joseph Pierre’s companion, who was pregnant at the time of the events; US$5,000.00 for Ilfaudia Dorzema and
Sylvie Felizor, who was pregnant at the time of the events, and US$5,000.00 for Roland Israel, because he was a
minor at the time of the events.
72
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