5
costs incurred by the victims’ next of kin. The Commission’s brief refers to the
amount of the damages and costs, proposes a method of payment and lists the nonmonetary measures requested by the families of the victims.
16.
The Commission makes a distinction between the compensation for material
damages payable to the minor children of the persons killed and that payable to their
adult dependents. It proposes the establishment of a trust fund for the minor
children, the basic value of which would consist of a sum proportional to the
estimated projected income of the victim, after deducting what would have been the
victim’s own living expenses. The foregoing would be determined by applying the
current or present value method. According to the Commission, this method entails
the application of generally acceptable principles that are compatible with
international law. As for the adult dependents, the Commission requests that a lump
sum be placed in a trust fund, to become due and payable on the date of the
judgment. The amount thereof would be calculated on the basis of the income that
the victims had at the time of their death. Alternatively, said sum could be made
available through annual payments in securities that maintain their purchasing
power, to be continued until the death of the beneficiaries. The sums claimed in
Surinamese Florins (hereinafter “Sf”) must be adjusted to reflect the current value of
that currency, since they were calculated on the basis of “1988 monetary values.”
17.
With regard to the persons who would be entitled to compensation for actual
damages, the Commission explains that it is necessary to take into account the
family structure of the Maroons, of which the Saramakas (the tribe to which the
victims belonged) are a part. It is essentially a matriarchal(*) structure, where
polygamy is common. In Suriname, marriages must be registered in order to be
recognized by the State. Due to the dearth of registry offices in the interior of the
country, however, that requirement is generally not met. The Commission is of the
opinion that this should not affect the right to compensation of the relatives or
spouses of unregistered marriages. It is argued that the care of family members is
entrusted to a communal group organized along maternal lines; this is something
that should be borne in mind in determining which of the relatives should be
compensated. The direct, personal damages of a monetary nature that give rise to
compensatory rights should be measured principally by the degree of financial
dependence that existed between the claimant and the deceased. The list of
aggrieved parties entitled to compensation was drawn up by the Commission partly
on the basis of sworn statements by the next of kin of the victims.
18.
According to the Commission, the Government would also be under the
obligation to make reparation for moral damages suffered as a result of the severe
psychological repercussions that the killings had on the relatives of the victims, the
working men who represented their main or only source of income.
The Government’s failure to react, investigate or punish these deeds is presented as
an indication of the little value it places on the lives of the Maroons, a fact that has
wounded their dignity and self-confidence. In six of the seven cases, the bodies of
the victims were not returned for burial, the authorities gave no information as to
where they might be found, they could not be identified and no death certificates
were issued.
(*)
Probably a more precise anthropological term would be matrilineal.