18
Anthea Vorswijk
Apintimonie Vorswijk
Glenda Lita Toy
Asipee Adame
his father:
his mother:
Pagai Amoida
Aoedoe Adame (deceased on May 29, 1989).
X
67.
The obligation to make reparation for damages caused is sometimes, and
within the limits imposed by the legal system, extended to cover persons who,
though not successors of the victims, have suffered some consequence of the
unlawful act. This issue has been the subject of numerous judgments by domestic
courts. Case law nevertheless establishes certain conditions that must be met for a
claim of compensatory damages filed by a third party to be admitted.
68.
First, the payment sought must be based on payments actually made by the
victim to the claimant, regardless of whether or not they constituted a legal
obligation to pay support. Such payments cannot be simply a series of sporadic
contributions; they must be regular, periodic payments either in cash, in kind, or in
services. What is important here is the effectiveness and regularity of the
contributions.
Second, the nature of the relationship between the victim and the claimant should be
such that it provides some basis for the assumption that the payments would have
continued had the victim not been killed.
Lastly, the claimant must have experienced a financial need that was periodically
met by the contributions made by the victim. This does not necessarily mean that
the person should be indigent, but only that it be somebody for whom the payment
represented a benefit that, had it not been for the victim’s attitude, it would not
have been able to obtain on his or her own.
69.
The Commission has submitted a list of 25 persons who, while not successors
of the victims, claim compensatory damages as their dependents. According to the
Commission, they are persons who received financial support from the victims,
whether in cash, in kind, or through contributions of personal work.
According to the Commission’s brief, the persons listed are relatives of some of the
victims, the only exception being a former teacher of one of them.
The Commission presents this information in its brief on reparations and includes a
fact sheet on each of the victims. It also adds an affidavit from the father or the
mother of each victim. No further proof is offered with regard to the dependency
status of the 25 persons, nor the amounts, regularity, effectiveness, or other
characteristics of the contributions which the victims purportedly made to those
persons.