Escritos de la Comisión de 1 y 2 de mayo de 1993 en los que aporta información adicional sobre las víctimas del caso.
March 1, 1993
Ref: CASE 10.150
Dear President Fix-Zamudio:
The Commission's delegate and legal advisor are pleased to respond to the Court's note of February 23, 1993, requesting the following information on the above referenced case:
1. clarification of the identity of Pagai Amoida, related to the victim Asipee Adame;
2. revised translations from English into Spanish of annexes 18 and 20 of the Commission's memorial on reparations and costs;
3. the name of the father of the victim Mikuwendje Aloeboetoe.
1. Clarification of the Relationship of Pagai Amoida to the Victim Asipee Adame
Pagai Amoida is the father of the assassinated victim Asipee Adame. On page 37 of the English text of the Commission's memorial (page 35 of the Spanish text), Pagai Amoida was inadvertently referred to as the victim's mother. As soon as the Commission became aware of this error, a note was dispatched notifying the Court. A copy of this note of July 13, 1992 is attached for the Court's convenience. (See attachment 1.)
Pagai Amoida is referred to as the victims' father elsewhere in the Commission's memorial, at page 13 of the english text (page 12 of the spanish text). At annex 17 Amoida Pagai is referred to four times as the victim's father, the fifth and final reference refers in error to Amoida Pagai as the victim's mother. The transactions necessary to obtain the declaration found at annex 17 were necessarily done in the local access language, and not in English, Spanish or Dutch. The reference to Pagai Amoida as the victim's mother was a typist's error that went unnoticed.
Dr. Héctor Fix-Zamudio
Inter American Court of Human Rights
San Jose, Costa Rica
2. Clarification of Annexes 18 and 20 of the Spanish Translation of the Commission's Memorial
a. Annex 18
The correct text of these annexes is that found in the Commission's memorial submitted to the Court in English. The Spanish translation is in error.
The affidavit found at annex 18 concerns victim Daison Aloeboetoe. The only parent identified in the English submission of this affidavit is his mother, Ajong Aloeboetoe. The Commission requested, through its fact gathers in Paramaribo, that the families identify the victims' living dependents and relatives. The family did not list Daison Aloeboetoe's father as a living relative or dependent. The reference to a father in part C of the Spanish translation of annex 18 indicates that in the course of the translation process, the final pages of annex 17 were improperly incorporated into annex 18. Both annexes were processed through official OAS translation department procedures. Annex 18 reflects an error in the carrying out of the translation.
We are presently having annex 18 re-translated to reflect the correct text, and will forward it to the Court as soon as it is available.
b. Annex 20
Annex 20 concerns victim Mikuwendje Aloeboetoe. Similarly, with respect to annex 20, a mistake was made during the translation process and was incorporated into the Spanish text. The Court has noted the discrepancy between the versions. The English text of annex 20, at part B of the annex, refers to Andeja Aloeboetoe as Mikuwendje Aloeboetoe's mother. This is correct. The Spanish text of annex 20, concerning Mikuwendje Aloeboetoe, refers to her as the mother of victim Daison Aloeboetoe. Ajong Aloeboetoe was in fact the mother of both of these victims. Annex 20, however, concerned her maternal relationship to victim Mikuwendje Aloeboetoe.
Thus, the only correction we have identified with respect to annex 20 is that the Spanish text should match the English text which refers to Andeja Aloeboetoe as the mother of Mikuwendje Aloeboetoe. A corrected version is enclosed. (See attachment 2.).
3. Identification of Victim Mikuwendje Aloeboetoe's Father
The Commission identified many of the relatives and dependents of the victims by requesting its fact gathers in Paramaribo to contact a family representative. The family representative was requested to identify living relatives and dependents of the victim. This information was supplied under very difficult circumstances.
The Commission notes that at annex 6 under the heading ¬Dependents¬ the family lists the name Masatin Koedoemoesoe. They do not specify the relationship, nor do they list Masatin Koedoemoesoe as one entitled to compensation or reparation. For this reason the Commission did not request compensation on his behalf.
Mikuwendje Aloeboetoe was only a fourteen year old boy when he was murdered. It would have been customary for Mikuwendje Aloeboetoe to support his father as well as his mother as he became older and they became too elderly to support themselves. The information supplied by the family indicates that they did not consider this loss when they addressed the issue of damages, but only considered the costs they had expended to trace and conduct a memorial for Mikuwendje and moral damages. This may explain why Masatin Koedoemoesoe was omitted from the list of persons entitled to compensation.
The Commission is currently conducting an inquiry into the precise relationship of Masatin Koedoemoesoe to the victim Mikuwendje Aloeboetoe. As noted, this information is extraordinarily difficult to get, as it involves contacting Paramaribo, and having fact gatherers there contact the family members living in the jungle interior. Any further information we are able to gain will be transmitted to the Court as soon as it becomes available.
Oliver Jackman Claudio Grossman
Commission Delegate Legal Advisor
July 13, 1992
Ref: Case No. 10.150
Dear Mr. Secretary,
The Commission takes this opportunity to notify the honorable Court of two typographical errors in the Commission's Brief on compensation submitted in type above referenced case.
1) At page 37 of the English version of the brief, line 9, the reference to ¬mother Pagai Amoida¬should read ¬father Amoida Pagai¬. This reference is found at page 35 in the Spanish version.
2) At annex 24 (affidavit of Claudio Grossman), the year ¬1989¬noted at section 1) should read ¬1988¬.
The Commission appreciates your attention to this matter.
Sincerely yours,
David J. Padilla
Assistant Executive Director
Lic. Manuel E. Ventura Robles
Secretary
Inter-American Court of Human Rights
Apartado 6906-1000
San Jose, Costa Rica
Attachment 2
dood/padd: atjoni (31 de diciembre de 1987)
ANEXO 20
DECLARACION
Yo: : Aloeboetoe, Andeja
Nacido el : 5 de septiembre de 1931
En : Distrito de Brokopondo
declaro por el presente que mi hijo Aloeboetoe, Mikuwendje falleció el 31 de diciembre de 1987 como resultado de la violación a su derecho a la vida por parte de las Fuerzas Armadas.
En consecuencia de este fallecimiento:
1. Los parientes del difunto han tenido que incurrir en gastos por un monto de Sf 2.000 (dos mil florines de Suriname), para:
- averiguar el paradero de Mikuwendje y/u obtener toda la información posible sobre los hechos;
- insistir en que se iniciara una investigación judicial;
- obtener permiso para llevar el cadáver a su domicilio, para prestarle los últimos respetos y enterrarlo.
2. Yo y, conmigo, el resto de la familia, hemos sufrido intensamente debido a la muerte súbita y violenta de Mikuwendje.
En virtud de lo cual se formula la petición siguiente:
A. El reembolso de los gastos incurridos por concepto de viaje alimentación y alojamiento debido a las visitas efectuadas a las autoridades de Paramaribo para tratar de obtener información sobre las víctimas, y al interior para informar a la familia sobre lo ocurrido y para compensar la pérdida de bienes muebles. Todo ello totaliza Sf 2.000 (dos mil florines de Suriname). El reembolso debe efectuarse a:
A.1 Madre
A.1.1. Aloeboetoe, Andeja. La suma de Sf 2.000 (dos mil florines de Suriname) por año. A esa suma debe agregarse un 10% anual, y una corrección anual por inflación (100%), para estabilizar el monto desde el 31 de diciembre de 1987.
B. Para compensar los daños y perjuicios psicológicos o emocionales sufridos por su madre, Ajong, madre de Aloeboetoe, Mikuwendje que no sabe leer ni escribir. Se hace en presencia de dos testigos, ya que existe (sic) una oficina notarial en Guyaba.
Bappa, André
Guyaba, 28 de marzo de 1992
(firma)
y
Poeketie, Gerardus Boysie
Guyaba, 28 de marzo de 1992
(firma)
para certificar que comprendió el contenido y está de acuerdo con el mismo.
Guyaba. 28 de marzo de 1992
Aloeboetoe, Andeja
March 2, 1993
Ref: CASE 10.150
Dear President Fix-Zamudio:
The Commission is pleased to respond to the Court's note of February 5, 1993, requesting information on the employment and wages of the victims in the above referenced case.
First we would like to restate the methodology used to determine the income figures referred to in our brief on reparations and costs of March 1992. The figures were derived by using a balancing test composed of the following factors: the age of the victim; the real and potential earnings of the victim; the number of dependents and the degree of material damage sustained; and the local custom practiced with regard to compensation and distribution.
The information used to determine the value of wages and personal services was obtained with great difficulty. The Commission had to work through its fact gatherers in Paramaribo. The fact gatherers in turn had to take special measures to contact the victims' family members living in remote villages in the jungle interior of Suriname.
It must be emphasized that there are no banks or other financial institutions operating in the interior of Suriname. The victims and their families, as testified to during the July, 1992 hearing by expert witness Dr. Richard Price, exist in a cash economy. Individuals from the interior working on the coast in Paramaribo are most often paid in cash. Several of the victims worked in the construction field, working for different employers each day. There are no salary records or receipts for these types of workers. Neither are there any wage records for those victims who worked in the interior as boatmen or agricultural workers.
For these reasons the Commission's legal defense team determined that resort to a balancing test would provide the best possible assessment of earning. This methodology is consistent with international law concerning the issue of compensation. With regard to wrongful death claims tribunals have looked to various factors in assessing the amount
Dr. Héctor Fix-Zamudio, President
Inter American Court of Human Rights
San Jose, Costa Rica
Enclosure
deth claims tribunals have looked to various factors in assesing the amount necessary to materially compensate those damaged: primarily the amount the victim would have contributed to the claimant and the value of the victim's personal services to the claimant. Additional factors to be taken into account in making this assessment include: the victim's age, condition and earning capacity; his customary earnings; usual projected life expectancy; potential increases or decreases in earnings; the age, condition, and life expectancy of claimants; and the extent to which the victim applied earning to personal expenditures. The Lusitania Cases, Opinion of November 1, 1923. This enumeration is not exclusive. The Lusitania tribunal set forth that other factors offered by either party tending to raise or lower the quantum of damages should be considered. The Chorzow Factory tribunal stated it ¬consider [ed] it preferable to endeavor to ascertain the value to be estimated by several methods, in order to permit of a comparison and if necessary of completing the results of the one by those of the others¬. Chorzow Factory (Merits), Judgment No. 13, at part III (September 13, 1928).
The Commission utilized questionnaires to gather as much information as possible from the victims' families. These questionnaires resulted in the subsequent taking of affidavits from representatives of each victim's family. The Government of Suriname has not disputed the validity of affidavits as a method of proof.
In attempting to respond as fully as possible to the Court's request for further information, the Commission investigated international wage reports compiled by the International Labor Office, the World Bank, and other private sources. Wage figures for Suriname were consistently not reported and not available. Information provided to the Commission sets forth that in 1987 the official amount reported by the Statistics Bureau as the amount needed to live was Sf 1150 for month. (Suriname does not have a minimum wage law, this amount is listed by the Bureau as an indicator of the minimum income necessary to sustain existence). (See attachment 1).
Victims Asipee Adame, Daison Aloeboetoe and Deede-Manoe (Manu) Aloeboetoe worked as construction workers for private companies. Each worked on various jobs, and was hired per day or per job. Each would also pick up other kinds of work available. For example, Asipee Adame worked as a watchman at Calors Aannemingsbedrlif. However, the company was closed several years ago. (See attachment 1; see also questionnaires at annexes 3 - 5 of the Commission's memorial on compensation). Our information gatherers in Paramaribo reported that construction workers are quite highly paid in Paramaribo, and that a figure of Sf 1800 for month is within usual figures. As our expert witness Dr. Richard Price testified during the July 1992 hearing, these workers would work as much and as long as possible in Suriname, in order to make as much money as possible.
Richenel Aside conducted a river transportation business. He also worked preparing land for planting. (See attachment 1; see also questionnaire at annex 7).
Indie Hendrik Banai was a master builder, who built homes in Paramaribo and Guyaba. He was an established builder, and had a great deal of experience. This profession, and his long experience in it accounts for his much higher income. (See questionnaire at annex 8). Indie Hendrik Banai was the oldest of the victims. His stature as a member of the community with a high earning capacity is reflected in the fact that he had four wives and eight children. Expert testimony provided by Dr. Price at the July 1992 hearing described that men would many additional wives when they were able to support an extended family.
Oliver Jackman Claudio Grossman
Commission Delegate Legal Advisor