11. The petitioners further assert that there was unwarranted delay of justice in accordance
with Article 37(c) of the Regulations of the IACHR, given that the massacre took place on
November 29, 1986, more than 10 years before the petition was filed and yet the court had
still not issued a final decision. The petitioners claim that prior to 1992, one could understand
why the civil, elected, and judicial authorities should have failed to investigate and administer
justice because the Armed Force were in control and democracy was weak. They contend that
after that date such reasoning was no longer valid.
12. The petitioners report that in May 1993 a mass grave was found containing a number of
corpses of the victims from the village of Moiwana, and that the Ministry of Justice and the
police indicated that the legal investigation and prosecution of the matter were not priorities
for that administration, and that the country’s economic and social problems took precedence.
For its part, the Ministry of Social Affairs and Housing, declared in a press conference at the
time that the Moiwana massacre must be deemed covered by the Amnesty Law that had been
passed, and, therefore, was not justiciable. By the same token, the petitioners report that
despite identification of several of the corpses (of five to seven adults and two to three
children) in the grave as members of the Moiwana community, no measures whatever were
adopted.
13. The petitioners also say that the Parliament of Suriname adopted in December 1995 a
motion requiring the Executive Branch immediately to open an investigation into several
infamous violations committed during the military regime, including the Moiwana massacre,
but that no action was taken either. The petitioners also mention that they have repeatedly
requested the authorities to adopt measures on the matter, to no avail. The petitioners state
that under Surnames law, at the request of a private claimant the Supreme Court, if the
request is justified, is required to ask the Attorney General to undertake an investigation into
the matter in question. Accordingly, the petitioners made such a request and the President of
the Supreme Court informed them that he had solicited information from the Attorney General
but that the latter had not provided it to him. The petition claims that the party that won the
elections and establishes judicial priorities is under the leadership of Desire Bouterse, the
military officer who headed the military regime that carried out the alleged violations, for
which reason it is unlikely that the Government will adopt a different attitude.
14. The petitioners attach official documents, together with reports on the situation supporting
the foregoing allegations published internationally by governments and non-governmental
organizations. For all these reasons they request that the exception to the requirement to
exhaust domestic remedies be accepted.
B.
The State
15. Notwithstanding repeated requests by the Commission made on October 30, 1997, June
2,1998, and February 25, 1999, the latter indicating that the Commission will consider the
application of Article 42 of its Regulations if no answer were received within 30 days, the State
of Suriname did not reply to any of those requests for comments. The Commission considers
consequently that the State has not controverted the facts alleged in the petition.
IV.
A.
ANALYSIS OF ADMISSIBILITY
Competence ratione personae, ratione materiae, ratione tempori and
ratione loci of the Commission
16. The petitioners claim that the State of Suriname violated rights of the inhabitants of the
village of Moiwana recognized in Articles I, VII, IX, and XXIII of the Declaration; and in Articles
8(1), and 25(1) and 25(2) of the Convention, by facts occurred in the Surnames territory
affecting natural persons under Suriname’s jurisdiction.
17. The Commission considers it is competent ratione materiae, ratione personae and ratione
loci in this case to analyze the complaint in reference to presumed violations to the Declaration
and the Convention.
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