28
State’s objection, the Court reiterates what it asserted in its “Previous
Considerations” at paragraph 70 of the instant judgment – namely, that it has
properly taken into account certain facts that occurred before the State’s recognition
of the Court’s competence only to place into the appropriate context those alleged
violations over which the Tribunal actually exercises jurisdiction.
Testimonial evidence
84.
With respect to the declarations rendered by the alleged victims during the
public hearing (supra paragraphs 86(b) – 86(d)), the Court admits them insofar as
they are in conformity with the President’s Orders of August 5 and 23, 2004 (supra
paragraphs 18 and 19). In this regard, because the alleged victims have a direct
interest in the case, those declarations cannot be evaluated in isolation, but rather
within the context of the entire corpus of evidence submitted in the instant
proceedings. Thus, as it has held in similar cases, the Court considers those
declarations to be of assistance inasmuch as they can provide information on the
alleged violations that may have been committed and their consequences.13
85.
Regarding the other testimony received during the public hearing (supra
paragraph 21), the Court rules that it is admissible, insofar as it is in conformity with
the aforementioned Orders of August 5 and 23, 2004.
VIII
PROVEN FACTS
86.
Following its analysis of the documentary evidence and testimony, as well as
the statements of the Commission, the representatives, and the State over the
course of the proceedings, the Court finds that the following facts have been proven:
The N’djuka Society of Suriname
a) An introduction
86(1). During the European colonization of present-day Suriname in the 17th
Century, Africans were forcibly taken to the region and used as slaves on the
plantations. Many of these Africans, however, managed to escape to the rainforest
areas in the eastern part of Suriname’s present national territory, where they
established new and autonomous communities; these individuals came to be known
as Bush Negroes or Maroons. Eventually, six distinct groups of Maroons emerged:
the N’djuka, the Matawai, the Saramaka, the Kwinti, the Paamaka, and the Boni or
Aluku.14
86(2). These six communities individually negotiated peace treaties with the colonial
authorities. The N’djuka people signed a treaty in 1760 that established their
freedom from slavery, a century before slavery was formally abolished in the region.
13
Cf. Case of Caesar, supra note 10, para. 47; Case of the Serrano-Cruz Sisters, supra note 9,
para. 40 and 45; and Case of Lori Berenson-Mejía, supra note 10, para. 78.
14
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. 690); and testimony of Kenneth M. Bilby
delivered before the Inter-American Court on September 9, 2004.