45
organization, Association Moiwana, dedicated to promoting an investigation of the
1986 attack; however, owing to the denial of justice community members continue
to face, Mr. Ajintoena remarked, “it is as if we are dying a second time.” Thus, not
only must the Moiwana community members endure the indignation and shame of
having been abandoned by Suriname’s criminal justice system – despite the grave
actions perpetrated upon their village – they also must suffer the wrath of those
deceased family members who were unjustly killed during the attack.
97.
Furthermore, because of the ongoing impunity for the 1986 raid and the
inability of the community members to understand the motives for that attack, they
suffer deep apprehension that they could once again confront hostilities if they were
to return to their traditional lands. Erwin Willemdam testified before the Court that,
since the attack, he has driven past Moiwana Village on occasions, but has never
stopped: “as long as justice is not served, […] then we cannot go back to that place
to stay.” The testimonial evidence demonstrated that, in order for community
members to feel safe enough to take up residence again at Moiwana Village, they
must know why the deaths occurred and how the perpetrators will be held
responsible by the State.
b)
Inability of Moiwana community members to honor properly their deceased
loved ones
98.
As indicated in the proven facts (supra paragraphs 86(7) – 86(9)), the
N’djuka people have specific and complex rituals that must be precisely followed
upon the death of a community member. Furthermore, it is extremely important to
have possession of the physical remains of the deceased, as the corpse must be
treated in a particular manner during the N’djuka death ceremonies and must be
placed in the burial ground of the appropriate descent group. Only those who have
been deemed unworthy do not receive an honorable burial.
99.
If the various death rituals are not performed according to N’djuka tradition,
it is considered a profound moral transgression, which will not only anger the spirit of
the individual who died, but also may offend other ancestors of the community
(supra paragraph 86(9)). This leads to a number of “spiritually-caused illnesses”
that become manifest as actual physical maladies and can potentially affect the
entire natural lineage (supra paragraph 86(9)). The N’djuka understand that such
illnesses are not cured on their own, but rather must be resolved through cultural
and ceremonial means; if not, the conditions will persist through generations (supra
paragraph 86(9)). In this way, Ms. Difienjo stated that, if the death ceremonies are
not performed:
it will burden all the children, also be after ourselves. […] It is if we do not exist
on earth. I mean, that will be the burden. […] If it is not done properly with
those killed, then many things can happen with us […]. So if it is not taken care
of properly for those died, then we are nowhere.
100. Thus, one of the greatest sources of suffering for the Moiwana community
members is that they do not know what has happened to the remains of their loved
ones, and, as a result, they cannot honor and bury them in accordance with
fundamental norms of N’djuka culture. The Court notes that it is understandable,
then, that community members have been distressed by reports indicating that some
of the corpses were burned at a Moengo mortuary. As Mr. Willemdam stated, “that