15
50.
With respect to the representatives' first request, given the Republic of
Suriname's alleged statements before the UN Human Rights Council to the effect that it
cannot support recommendations that it comply with the Saramaka Judgment (supra
Having Seen clause 14 and Considering clause 6); the fact that most of the Court's
orders in the Judgment have not been implemented despite the expiration of the
deadlines set therein; and the State's failure to fulfill its obligation to duly inform the
Court on its implementation of the Judgment, the Court finds it appropriate to convene a
private hearing during the year 2012, on a date to be decided, as part of the proceedings
in this case. In this regard, the Court reminds the State that integral and prompt
compliance with the Court's judgments is an obligation under Article 67 of the
Convention, and that the duty to comply with international treaty obligations in good
faith is a basic principle of law. At the same time, States cannot invoke their domestic
laws to escape pre-established international responsibility (supra Considering clauses 3
and 4).
51.
As to the representatives’ second request, the Tribunal notes that it does not have
jurisdiction under the American Convention to request that the Inter-American
Development Bank ensure the State’s compliance in this case.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
by virtue of its authority to monitor compliance with its own decisions and pursuant to
Articles 33, 62(1), 62(3), 65, and 68(1) of the American Convention on Human Rights,
Articles 24, 25 and 30 of the Statute of the Court, and Articles 31(2) and 69 of its Rules
of Procedure,
DECLARES THAT:
1.
In accordance with the Considering clauses of this Order, the State has complied
with the following obligations established in the Judgment:
a)
translate into Dutch and publish Chapter VII of the Judgment, without the
corresponding footnotes, as well as Operative Paragraphs one through fifteen, in
the State’s Official Gazette and in another national daily newspaper (Operative
Paragraph eleven of the Judgment and Considering clauses 31 to 34);
b)
finance two radio broadcasts, in the Saramaka language, of the content of
paragraphs 2, 4, 5, 17, 77, 80-86, 88, 90, 91, 115, 116, 121, 122, 127-129, 146,
150, 154, 156, 172, and 178 of the Judgment, without the corresponding
footnotes, as well as Operative Paragraphs one through fifteen thereof, in a radio
station accessible to the Saramaka people (Operative Paragraph twelve of the
Judgment and Considering clauses 35 to 38); and
c)
reimburse costs and expenses (Operative Paragraph fourteen of the
Judgment and Considering clauses 43 to 46).
2.
In accordance with the Considering clauses of this Order, the State has partially
complied with the obligation to allocate the amounts set in the Judgment as
compensation for pecuniary and non-pecuniary damages in a community development
fund created and established for the benefit of the members of the Saramaka people in
their traditional territory (Operative Paragraph thirteen of the Judgment and Considering
clauses 39 to 42).