6
comply with its decisions. The State’s timely observance of the obligation to indicate
how it is complying with each of the Court’s orders is fundamental for evaluating its
compliance with the Judgment as a whole.6
a)
Obligation to investigate the facts of the case and to identify,
prosecute, and punish the responsible parties, if applicable (Operative
Paragraph one of the Judgment)
8.
The State reported that the Public Prosecutions Department has asked
witnesses to testify and identify the perpetrators on several occasions. Testimonies
can be made at any police station or at the Public Prosecutions Department in order
to guarantee the safety of witnesses; however, despite there being sufficient safety
mechanisms in place, no witnesses have agreed to testify. The State also mentioned
that it has established a “Coordination Team” chaired by the Attorney General for the
purpose of investigating the case. At the private hearing, the State indicated that it
cannot prosecute without having identified possible perpetrators; however, it also
stated that because one of the alleged perpetrators is currently the subject of
another investigation, authorities will be able to devote “more time and attention” to
this case after the first trial has concluded. Finally, the State requested “advice” from
the Inter-American Commission, the Tribunal, or the representatives on how to
encourage witnesses to testify and proposed that interrogations be carried out at the
seat of the Inter-American Court.
9.
The representatives indicated that the State has made no “demonstrable
progress towards compliance” other than the establishment, in 2005, of a
“Coordination Team” for the purpose of “‘preparing the investigation and judicial
process.’” Moreover, the State has apparently put “the onus for moving the process
forward on the victims.” According to the representatives, there are victims “willing
to testify if effective guarantees for their safety are in place”; however, “the victims’
attempts to establish a mechanism […] for their safety have not resulted in an
agreement with the State.” Though they “believe that viable and less onerous
alternatives exist,” the representatives signaled their willingness to accept, under
certain conditions,7 the State’s proposal that witnesses render their testimonies at
6
Cf. Case of "Five Pensioners” v. Peru. Monitoring Compliance with Judgment. Order of the InterAmerican Court of Human Rights of November 17, 2004, Considering clause five; Case of the Serrano
Cruz Sisters v. El Salvador. Monitoring Compliance with Judgment. Order of the Inter-American Court of
Human Rights of February 3, 2010, Considering clause seven; and Case of Ximenes Lopes v. Brazil.
Monitoring Compliance with Judgment. Order of the Inter-American Court of Human Rights of May 17,
2010, Considering clause seven.
7
For the representatives to accept, the State must agree to the payment of all associated costs. It
must also agree that the victims who “choose to testify shall have, individually or collectively, legal
counsel of their choice – if necessary, paid for by the State – [at] every occasion that their testimony may
be taken or that they are otherwise interviewed by State officials.” Furthermore, those who consent to
testify must have “the right to revoke their consent at any time and for any reason,” and the State must
ensure “the victims’ safety on their return to Suriname or French Guiana” in a manner “agreed to
beforehand by the victims.” Finally the State must ensure that “any threatening or otherwise inappropriate
public statements about the massacre or the investigation thereof made by […] former or present military
leaders or persons acting on […] their behalf are immediately and publicly refuted by high ranking State
officials and sanctioned where warranted.” All of this or “some other mutually acceptable arrangement”
must be “memorialized in a binding and enforceable legal agreement.”