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familial, cultural and religious obligations to provide their loved ones with a
proper burial; and
4. An official apology and the construction of a monument
j)
State authorities have never given the victims any “support,” have not
apologized, and have not shown them any respect. In fact, the State has
rarely acknowledged that the massacre occurred.
Arguments of the representatives
199. With regard to measures of satisfaction and guarantees of non-repetition, the
representatives requested that the Court order Suriname to carry out the following
measures:
1. Investigation of the massacre and prosecution of its intellectual authors
a)
Suriname must publicly declare that it will investigate the massacre
and, in accordance with applicable law, prosecute its intellectual authors for
crimes against humanity and gross violations of humanitarian and human
rights law;
b)
the State must in fact conduct a serious and diligent investigation of
the massacre and, again pursuant to applicable law, prosecute the intellectual
authors as described above;
c)
Suriname must also investigate, prosecute
responsible for the obstruction of justice in this case;
and
punish
those
d)
the State must adopt legislative and other measures to ensure that the
preceding measures can take place and that any statute of limitations that
may presently apply to the Moiwana massacre in domestic law be declared
inapplicable; and
e)
Suriname must repeal the “Amnesty Act 1989” and declare that it was
devoid of legal effect ab initio.
2. Restitution of Traditional Lands and Resources
f)
the State must provide: i) restitution and legal recognition of the
community’s ownership rights to their traditional lands and resources in
accordance with their customary law, values and usage; ii) collective title to
these traditional lands and resources that confirms and effectively secures
their ownership rights in accordance with their customary law; iii) physical
demarcation; iv) guarantees of safety for those who choose to return; and v)
an opportunity for the full participation and informed consent of both the
victims and the other neighboring Cottica N’djuka communities regarding the
preceding measures;
g)
the State must adopt legislative and other measures in order to
identify and effectively title the community’s traditional lands in a manner
that is consistent with the American Convention and indigenous peoples’
rights in other human rights instruments; and