39
corresponded to five to seven adults and two to three children; the identification of
the corpses or further information on the grave site in general have not been
provided by the State.45
86(32). On December 19, 1995, the National Assembly of Suriname adopted a
motion requesting the Executive Branch “to instigate an immediate investigation”
into human rights violations committed during the military regime.46
86(33). As of the date of the present judgment, only the initial investigative steps
described above have been conducted by the State. Thus, neither the events of
November 29, 1986, nor the numerous incidents of obstruction of justice – including
the forcible liberation of Orlando Swedo (supra paragraph 86(26)) and the death of
Inspector Gooding (supra paragraph 86(28)) – have been properly investigated. In
this way, not a single individual has been convicted for the attack, and the Moiwana
community members have not received any form of reparation for the deaths or for
being forced from their traditional lands.47
b) Efforts of the alleged victims
86(34). The alleged victims and the organizations acting on their behalf, Moiwana
’86 and Association Moiwana, have repeatedly sought a criminal investigation into
the attack on Moiwana Village. For example, on May 24, 1993, Moiwana ’86
reported the discovery of the grave site (supra paragraph 86(31)) to the Office of the
Attorney General and urged an investigation of the attack and the prosecution of
those responsible. On August 23, 1993, Moiwana ’86 directed another letter to the
Attorney General that requested information on the state of the criminal
investigation of the attack on Moiwana Village.48
45
Cf. document titled The Moiwana Graves, June 19, 1993 (exhibits to the application, vol. II,
exhibit 25, pp. 448 – 452); communications addressed to Suriname’s Attorney General by Moiwana ’86 on
May 24, June 28, and August 23, 1993 (exhibits to the application, vol. II, exhibit 24, pp. 442 – 447); 10
reports on the autopsies performed by the forensic pathologist Dr. M.A. Vrede on the mortal remains
found in the excavations (exhibits to the brief filing preliminary objections and answering the application,
vol. III, exhibit 29, p. 4); testimony of Stanley Rensch delivered before the Inter-American Court on
September 9, 2004; and affidavit of expert Thomas Polimé, sworn on August 20, 2004 (case file from
preliminary objections, and possible merits, reparations and costs, vol. III, p. 718).
46
Cf. Motion by the Parliament of Suriname on the Investigation of Human Rights Abuses,
December 19, 1995 (case file on preliminary objections and possible merits, reparations and costs, vol. II,
p. 441).
47
Cf. affidavit of expert witness Thomas Polimé, sworn on August 20, 2004 (case file on preliminary
objections and possible merits, reparations and costs, vol. III, p. 713); testimony of Antonia Difienjo
delivered before the Inter-American Court on September 9, 2004; testimony of Andre Ajintoena delivered
before the Inter-American Court on September 9, 2004; and testimony of Stanley Rensch delivered before
the Inter-American Court on September 9, 2004.
48
Cf. communications addressed to Suriname’s Attorney General from Moiwana ’86 on May 24,
June 28, and August 23, 1993 (exhibits to the application, vol. II, exhibit 24, pp. 442 – 447); newspaper
article titled “Sweedo leer een vrij man,” published in the Weekkrant Suriname, May 6 – 12, 1989
(exhibits to the application, vol. II, exhibit 27, pp. 458 – 459); newspaper article titled “Arrestaties in
verband met bloedbad Moiwana,” published in the Weekkrant Suriname, April 22 – 28, 1989 (exhibits to
the application, vol. II, exhibit 27, pp. 460 – 461); newpaper article titled “President ontluisterd; holding
regering uiterst slap,” published in the Weekkrant Suriname, April 29, 1989 (exhibits to the application,
vol. II, exhibit 27, pp. 462 – 463); newspaper article titled “Rensch: Onderzoek massamoorden in OostSuriname,” published in Algemeen Dagblad, May 25, 1993 (exhibits to the application, vol. II, exhibit 27,
pp. 464 – 466); newspaper article titled “Wat zich te Moi Wana voltrok,” published in De Ware Tijd, May
28, 1993 (exhibits to the application, vol. II, exhibit 27, pp. 467 – 468); testimony of Antonia Difienjo