3 6. On March 7, 2000, during its 106th Regular Period of Sessions, the Commission approved Admissibility Report No. 26/00, in which it decided, inter alia, that the claims with respect to Articles 25, 8 and 1(1) of the American Convention were admissible. 7. On February 28, 2002, during its 114th Regular Period of Sessions, the Commission approved Report No. 35/02 on the merits of the case, in which it made the following recommendations to the State: 1. That the State of Suriname open a serious, impartial, and effective investigation into the facts so that an official report can be produced on the circumstances surrounding the Moiwana massacre and [so that the perpetrators may be] duly tried and punished. 2. That the necessary steps be taken to complete, as soon as possible and in absolute conformity with [the] law, the judicial and administrative proceedings concerning all the persons involved in the violations cited in the […] conclusions [of Report No. 35/02], in order to investigate, prosecute and duly punish the responsible persons. 3. That the State of Suriname repair the consequences of these violations of rights to the victims, their families, and rightful claimants who have been prejudiced by the aforesaid violations of rights, [whose] reparation is to be based on the concept of family established by the Inter-American Court of Human Rights. 4. That the State of Suriname take necessary legislative and judicial measures to repeal [and] nullify the Amnesty law for this case, in so far as it allows for impunity for human rights violations, and crimes against humanity. 8. By the communication dated March 21, 2002, the Commission transmitted Report No. 35/02 to the State, with the request that the State report, within two months from the date of transmission, on the measures adopted in fulfillment of the recommendations contained therein. 9. By the communication of the same date, the Commission informed the petitioners that it had approved Report No. 35/02 and requested that they provide information pursuant to Article 43(3) of the Commission’s Rules of Procedure, regarding the petitioners’ position with respect to a possible referral of the case to the Inter-American Court. The petitioners complied with this request on April 20, 2002. 10. On May 20, 2002, the State submitted a communication contesting both the admissibility of the case and the Commission’s decisions in Report No. 35/02. 11. After unsuccessful efforts to facilitate the State’s compliance with its recommendations, and having taken into account the views of the petitioners on the matter, the Commission decided to refer the case to the Inter-American Court.

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