33.
Furthermore, the Court observes that the representatives clarified that Rose Marie
Petit-Homme Estilien, Joseph Dol and Silvie Felizor correspond to the pseudonyms of these
individuals identified by the Commission in its Merits Report38 (supra para. 27) and, as such,
the situation does not increase the number of surviving presumed victims.
34.
Regarding the eight persons announced by the representatives and the Commission
as “other unidentified victims in the case, but supposedly named ab initio by the State”
(supra para. 28),39 the Court notes that it has insufficient information to identify these
individuals at this procedural stage, because there is no document among the evidence
submitted by the parties that would allow the Court to determine clearly the name and other
relevant details of the presumed victims, and their relationship to the facts of the case.
Therefore, they will not be considered presumed victims in this Judgment.
35.
Based on the above, the Court declares that the 13 people identified by the
Commission40 and Noclair Florvilien will be considered as surviving presumed victims.
2. Request to increase the number of next of kin of the deceased presumed
victims
36.
The Court observes that, in addition to the 51 next of kin of those deceased
individualized by the Commission in paragraph 104 of its Merits Report, the latter referred to
a number of indeterminate and unnamed “children, siblings, and partners,” together with
the names of the individualized next of kin. Specifically, in the case of Ilfaudia Dorzema,
Jacqueline Maxime, Nadege Dorzema and Pardis Fortilus, the Commission referred to
“children.” In the case of Máximo Rubén de Jesús Espinal, Nadege Dorzema and Pardis
Fortilus, the Commission referred to “siblings.” Lastly, in the case of Roselene Therméus, the
Commission referred to “companion.” Meanwhile, the representatives specified that Silvie
Felizor, who is also a surviving presumed victim, is a sister of Roselene Therméus, deceased
presumed victim. In this regard, the Court notes that a comparison of this information with
the list of next of kin presented by the representatives reveals that the representatives
individualized four siblings of Máximo Rubén de Jesús Espinal41 and a sister of Pardis
Fortilus.42 However, in the case of Mrs. Fortilus, they also added her step-mother,43 without
this hypothesis having been referred to in the list of next of kin in paragraph 104 of the
Merits Report. Therefore, since the said persons were not duly individualized by the
Commission in its Merits Report, the Court can only consider as presumed victims in the
instant case the 51 next of kin who were identified by the Commission precisely and at the
appropriate procedural occasion (infra Annex A).
3. Request to include the next of kin of the surviving victims as presumed
victims
37.
The representatives included on the list of presumed victims that they presented with
their pleadings and motions brief 53 additional next of kin of some surviving presumed
38
Also known as Cecilia Petithomme/Estilien, Joseph Desravine or Maudire Felizor and Silvie Therméus,
respectively.
39
“Favio Patra, Nianza Popele, Antonio Torres, Michel Marilin, Alfonso Ajise, Jose Luis, Manuel Bladimir and
Zuñidla Neiba.”
40
Joseph Pierre, Selafoi Pierre, Sylvie Felizor, Roland Israel, Rose Marie Dol, Josué Maxime, Michel Françoise,
Rose-Marie Petit-Homme/Estilien, Sonide Nora, Alphonse Oremis, Renaud Timat, Honorio Winique and Joseph
Devraine (merits file, tome I, folio 34).
41
Amarilis Mercedes, Carmen Rosa, Jose Leonel and Jose Radhames (merits file, tome I, folio 194).
42
Rose Fortilus (merits file, tome I, folio 194).
43
Antoniette Sainphar (merits file, tome I, folio 194).
13