Order of the
Inter-American Court of Human Rights
of November 21, 2007
Case of the Moiwana Village v. Suriname
Monitoring Compliance with Judgment
HAVING SEEN:
1.
The Judgment on the preliminary objections, merits, reparations and costs
delivered in the Case of the Moiwana Village v. Suriname by the Inter-American Court
of Human Rights (hereinafter “the Court” or “the Tribunal”) of June 15, 2005
(hereinafter “the Judgment” or “the Moiwana Judgment”), in which it:
DECLARE[D],
Unanimously, that:
1.
The State violated the right to humane treatment enshrined in Article 5(1) of the
American Convention on Human Rights, in relation to Article 1(1) of that treaty, to the
detriment of the Moiwana community members, in the terms of paragraph 103 of this
[J]udgment.
2.
The State violated the right to freedom of movement and residence enshrined in
Article 22 of the American Convention, in relation to Article 1(1) of that treaty, to the
detriment of the Moiwana community members, in the terms of paragraph 121 of this
[J]udgment.
3.
The State violated the right to property enshrined in Article 21 of the American
Convention, in relation to Article 1(1) of that treaty, to the detriment of the Moiwana
community members, in the terms of paragraph 135 of this [J]udgment.
4.
The State violated the rights to judicial guarantees and judicial protection
enshrined in Articles 8(1) and 25 of the American Convention, in relation to Article 1(1) of
that treaty, to the detriment of the Moiwana community members, in the terms of
paragraphs 163 and 164 of this [J]udgment.
5.
This judgment constitutes, per se, a form of reparation, in the terms of paragraph
192 of this [J]udgment.
AND DECIDE[D],
Unanimously, that:
1.
The State shall implement the measures ordered with respect to its obligation to
investigate the facts of the case, as well as identify, prosecute, and punish the responsible
parties, in the terms of paragraphs 202 – 207 of this [J]udgment.
2.
The State shall, as soon as possible, recover the remains of the Moiwana
community members killed during the events of November 29, 1986, and deliver them to
the surviving community members, in the terms of paragraph 208 of this [J]udgment.
3.
The State shall adopt such legislative, administrative, and other measures as are
necessary to ensure the property rights of the members of the Moiwana community in
relation to the traditional territories from which they were expelled, and provide for the
members’ use and enjoyment of those territories. These measures shall include the