40
86(35).
In 1996, following the National Assembly’s motion (supra paragraph
86(32)), Moiwana ’86 filed two formal requests with the Attorney General for a
proper investigation into the attack. Having received no response, Moiwana ’86
submitted another request to the President of the Court of Justice. On August 21,
1996, the President of the Court of Justice instructed the Attorney General to submit
to that Court, pursuant to Article 4 of the Code of Criminal Procedure, a report on the
matter, to be accompanied by any available police files. Subsequently, in response
to a follow-up inquiry from Moiwana ’86, the President of the Court of Justice advised
that the Attorney General still had not responded to his request. After yet another
communication from Moiwana ’86, the President of the Court of Justice, on February
26, 1997, reiterated his request for information on the investigation to the Office of
the Attorney General.49
86(36). Association Moiwana has collaborated with Moiwana ’86 for years to obtain
justice for the community. Whenever any important decision is to be taken with
regard to the instant case, all of the survivors and next of kin from Moiwana Village –
whether located in Suriname or in French Guiana – are consulted through the efforts
of Association Moiwana.50
86(37). Those who collaborated with Moiwana ’86 to obtain justice for the 1986
attack and related human rights abuses were often threatened and harassed; as a
result, some found it necessary to leave Suriname for their own safety. Stanley
Rensch, founder of Moiwana ’86, survived an assassination attempt and was
arbitrarily arrested four times; eventually, he also sought refuge abroad.51
86(38). The Moiwana community members have not pursued civil remedies in
Suriname with regard to the events of November 29, 1986.52
National Legislation Relevant to the Investigation of the 1986 Attack
a) The “Amnesty Act 1989”
delivered before the Inter-American Court on September 9, 2004; and testimony of Stanley Rensch
delivered before the Inter-American Court on September 9, 2004.
49
Cf. communications addressed from the President of the Court of Justice to the Attorney General,
dated August 21, 1996, and to the Director of Moiwana ’86, dated October 2, 1996 and February 26, 1997
(exhibits to the application, vol. II, exhibit 26 and case file from preliminary objections, and possible
merits, reparations and costs, vol. II, pp. 442 – 444); and testimony of Stanley Rensch delivered before
the Inter-American Court on September 9, 2004.
50
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. 711); and testimony of Andre Ajintoena
delivered before the Inter-American Court on September 9, 2004.
51
Cf. testimony of Stanley Rensch delivered before the Inter-American Court on September 9,
2004; and Inter-American Commission on Human Rights. Annual Report 1989-1990 dated May 17, 1990,
Chapter IV: Situation on Human Rights in Several States, Suriname. OEA/Ser.L/V/II.77 doc.7 rev.1
(exhibits to the application, vol. I, exhibit 11, p. 226).
52
Fact recognized by the State in its answer to the application (case file on preliminary objections
and possible merits, reparations and costs, vol. II, pp. 369 and 407). Cf. testimony of Antonia Difienjo
delivered before the Inter-American Court on September 9, 2004; and testimony of Stanley Rensch
delivered before the Inter-American Court on September 9, 2004.