83
e)
Public apology and acknowledgment of international responsibility
216. The Court notes with appreciation Suriname’s statement that it “has no
objections to issue a public apology to the whole nation with regard to the
occurrences that took place in the Village of Moiwana and to the survivors and family
members in particular.” In this regard, as a measure of satisfaction to the victims
and in attempt to guarantee the non-repetition of the serious human rights violations
that have occurred, the State shall publicly recognize its international responsibility
for the facts of the instant case and issue an apology to the Moiwana community
members. This public ceremony shall be performed with the participation of the
Gaanman, the leader of the N’djuka people, as well as high-ranking State
authorities, and shall be publicized through the national media. Furthermore, in
consideration of the particular circumstances of the instant case, the event must also
honor the memory of Herman Gooding, the civilian police official who was murdered
due to his courageous efforts to investigate the events of November 29, 1986.
217. The aforementioned ceremony must be organized and funded by the State
and completed within one year from the date of notification of the present judgment.
f)
Monument
218. Finally, the Court also notes with satisfaction Suriname’s assertion that it “has
no objections to establish a memorial to point out the occurrences that took place in
the Village of Moiwana […] this memorial must be a reminder to the whole nation of
what happened and what may not [be] repeat[ed] in the future.” For those very
reasons – to memorialize the events of November 29, 1986, as well as to prevent
the recurrence of such dreadful actions in the future – the State shall build a
monument and place it in a suitable public location. The memorial’s design and
location shall be decided upon in consultation with the victims’ representatives, and
shall be completed within one year from the date of notification of the instant
judgment.
XIV
LEGAL COSTS AND FEES
Arguments of the Commission
219.
On this matter, the Commission argued that:
a)
neither the Moiwana survivors nor their representatives should be
obliged to bear the costs associated with the legal representation necessary
to confront the ongoing injustice in this case; and
b)
an award of costs and fees that is reasonable and justified is essential
in this case; it should take into account past and current legal costs and fees,
as well as those necessary to pursue the matter before the Court through all
stages including compliance with an eventual judgment.
Arguments of the representatives
220. The representatives requested an award of all costs incurred in preparing and
pursuing the case domestically and before the Commission and the Court,
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