20
in so far as it manifests itself also in the links of solidarity between the dead and
the living" (par. 25)75.
57.
In the present case of the Moiwana Community versus Suriname, originated in a
massacre perpetrated more than two decades ago, the Maroon N'djuka people have
consistently displayed an acute and admirable awareness of their duties towards their dead.
This became clear from the testimonial evidence produced before this Court, where it became
clear that the survivors, and close relatives of the direct victims of the massacre of 1986,
assumed their obligation to seek justice for their dead (as "a cultural responsibility that
continues through the generations"), and acknowledged the duty incumbent upon them to
recover the remains of their deceased, to perform the funerary ceremonies and to give a
"proper burial" to their deceased76.
58.
In addition, the expert evidence produced (by anthropologist K.M. Bilby) before the
Court added that
"Justice is a central concept in traditional N'djuka society; indeed, one of
their primary institutions in daily life is the council meeting, which is the means
to resolve conflicts of any nature within the community. The institution has
spiritual dimensions as well, since ancestors are believed to partake in council
meetings, which provide their decisions with particular legitimacy. In the context
of the Moiwana massacre, traditional values would dictate that this must be
dealt with on a collective level; mere individual efforts would not be enough. In
order for such a serious problem to be resolved, it requires help from the
community as a whole. Indeed, as time goes on and the conflict is not resolved,
it will affect more and more people and social groups within the society"77.
59.
According to one testimony, the massacre of 29.11.1986 was part of a grave and
systematic pattern of violence, and its perpetrators were "organized, trained and armed by
State military personnel"78. Yet another testimony before this Court added that if justice, after
so many years, was not done in the case of the Moiwana Community, this would "cause the
living as well as the dead to suffer"79. In their culture, the links of solidarity between the living
and their dead are so strong that, in situations of the kind, they both keep on suffering
together. The duties of the living towards their dead are, thus, to be duly performed faithfully.
75
For the view that the unity of the human kind can be found in the links between the living
and the dead, cf. A.A. Cançado Trindade, Tratado de Direito Internacional dos Direitos
Humanos, vol. III, Porto Alegre/Brazil, S.A. Fabris Ed., 2003, pp. 362-373.
. Paragraph 80(b) to (d).
76
. Paragraph 80(e).
77
. Paragraph 80(a).
78
. Paragraph 80(d).
79
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents