47
b)
forcible eviction or involuntary resettlement is prohibited under
international law because it does grave and disastrous harm to the basic civil,
political, economic, social and cultural rights of both individuals and
collectivities. In the case of tribal peoples, forcible eviction completely severs
their various relationships with their ancestral lands.
Arguments of the Commission
105. Although the Commission did not explicitly claim the violation of the right
established in Article 22 of the American Convention, it argued that – owing to the
ongoing impunity for the November 29, 1986 attack on Moiwana Village and the fact
that the perpetrators continue to hold power and influence in Suriname – the
Moiwana survivors remain fearful and unable to return to their traditional lands.
Furthermore, the Commission asserted that “[t]he [alleged] forced displacement [of
the Moiwana community members] brought about by the massacre and the absence
of any accountability for these violations [allegedly] continues to deny its members
protection for their basic rights and human dignity.”
Arguments of the State
106. Although the State did not expressly refer to an alleged violation of the right
enshrined in Article 22 of the American Convention, it nevertheless contended that:
a)
the Moiwana survivors “have never been an isolated community, that
[…] practiced its own culture”;
b)
“[a]lthough they have mostly fled to other places, they are regularly in
the northeast Marowijne coastal region of Suriname and/or elsewhere in the
country”; and
c)
they move freely throughout the country. “No communications have
thereby ever reached the Suriname[se] Government that the rights of these
persons were violated or that they were intimidated.”
The Court’s Assessment
107. As already noted above (supra paragraph 91), as well as in numerous other
judgments, this Court has the competence, based upon the American Convention
and in light of the iura novit curia principle, to study the possible violation of
Convention provisions that have not been alleged in a case’s pleadings. Indeed, a
court has the duty to apply all appropriate legal standards – even when not expressly
invoked by the parties – in the understanding that those parties have had the
opportunity to express their respective positions with regard to the relevant facts.63
In this way, the Tribunal underscores that the facts to be considered in the present
chapter are grounded in the application and have been subsequently clarified over
the course of the litigation before this Court; thus, all of the parties involved have
had their due opportunity to present their positions with regard to said facts.64
63
Cf. Case of De la Cruz-Flores, supra note 59, para. 122; Case of the “Juvenile Reeducation
Institute,” supra note 59, paras. 125 and 126; and Case of the Gómez-Paquiyauri Brothers, supra note
59, para. 179.
64
Cf. Case of the “Juvenile Reeducation Institute,” supra note 59, para. 126.