-21.
On June 15, 2005, the Court delivered the judgment in the present case,
which, in pertinent part:
DECIDE[D],
Unanimously,
1. To dismiss the State’s preliminary objections.
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 judgment.
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
judgment.
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 judgment.
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 judgment.
5.
This judgment constitutes, per se, a form of reparation, in the terms of
paragraph 192 of this judgment.
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 judgment.
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 judgment.
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
creation of an effective mechanism for the delimitation, demarcation and titling of said
traditional territories, in the terms of paragraphs 209 – 211 of this judgment.
4.
The State shall guarantee the safety of those community members who decide
to return to Moiwana Community, in the terms of paragraph 212 of this judgment.
5.
The State shall establish a community development fund, in the terms of
paragraphs 213 – 215 of this judgment.
6.
The State shall carry out a public ceremony, whereby Suriname recognizes its
international responsibility and issues an apology, in the terms of paragraphs 216 – 217
of this judgment.

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