68
been individualized before the Court, be named for compensation purposes
subsequent to the instant judgment. Such a decision is consistent with the Case of
Plan de Sanchez Massacre, as in that case no additional victims were permitted to be
identified, following the judgment on reparations, in order to receive monetary
awards.100
178. Following precedent,101 this Court considers as properly identified those
victims who are referred to in an official document, such as a birth certificate or
“family book,” submitted before the Tribunal.
Regarding the other victims
individualized in the application who have not been suitably identified, the Court
holds that the compensation that corresponds to each one shall be awarded in the
same manner as those properly identified by State documents – as long as they
appear before the appropriate State officials within 24 months following the
notification of the instant judgment and provide sufficient means of identification.102
Adequate identification shall entail either: a) an official document attesting to the
person’s identity; or b) a statement before a competent state official by a recognized
leader of the Moiwana community members, as well as the declarations of two
additional persons, all of which clearly attest to the individual’s identity. The Court
notes that it is granting more latitude in this case with respect to acceptable means
of proving identity, in light of the statements by the Commission and the
representatives that many Maroons do not possess formal identity documents, and
were never inscribed in the national registry.
179. The compensation determined by the Court shall be individually awarded to
each beneficiary in his or her condition as victim of the violations enumerated in
paragraph 168 of the instant judgment. If any victim has died, or dies before the
issuing of his or her compensation, the amount that would have corresponded to that
individual shall be distributed pursuant to national laws of succession and descent. If
eventual legal successors lack official identity documents, they also must provide the
alternate means of identification specified above to receive compensation (supra
paragraph 178).
180.
The sufficiently identified victims are the following:
1
2
3
4
5
6
7
8
9
10
11
Hesdy Adam or Hesdie Adam
Marlene Adam
Marlon Adam
Petrus Adam
Antonius Agemi
A. Andro Ajintoena
Aboeda Ajintoena
Andre Ajintoena
Atema Ajintoena
Cynthia Ajintoena
Doortje Ajintoena
100
Cf. Case of Plan de Sánchez Massacre. Reparations, supra note 82, para. 62.
101
Cf. Case of Plan de Sánchez Massacre. Reparations, supra note 82, para. 63.
102
Cf. Case of Plan de Sánchez Massacre. Reparations, supra note 82, para. 67.