62
natural death, accidental death, suicide and homicide.85 The Court further notes
that: a) the crime scene must be exhaustively investigated and b) autopsies, as well
as analyses of skeletal remains, must be rigorously performed by competent
professionals, employing the most appropriate procedures.86
150. Turning to the instant case, the proven facts indicate that the civilian police
began an investigation into the November 29, 1986 events at Moiwana Village in
1989, over two years after the attack (supra paragraph 86(25)). During March and
April of 1989, Inspector Herman Gooding, who was in charge of said investigation,
questioned several suspects and arrested at least two individuals, Frits Moesel and
Orlando Swedo (supra paragraph 86(25)). Nevertheless, shortly after Mr. Swedo was
placed in state custody, a fully-armed contingent of military police arrived at the
police station and forcibly obtained his release (supra paragraph 86(26)). Following
the siege of the civilian police station, Army Commander Desire Bouterse issued a
statement, by which he confirmed the following: a) that the operation in Moiwana
Village was a military action which he himself had ordered; b) that he would not
allow military operations to be investigated by the civilian police; and c) that he had
required the release of Mr. Swedo (supra paragraph 86(27)).
151. The official investigation was then abandoned until May of 1993, when
Moiwana ’86 discovered a mass grave near Moiwana Village and notified the Office of
the Attorney General (supra paragraph 86(31)). The grave site was then visited on
two occasions – May 29 and June 9, 1993 – by military and civilian police, a
pathologist and Moiwana ’86 (supra paragraph 86(31)). The team uncovered human
remains, which were taken to Paramaribo for further analysis (supra paragraph
86(31)). Subsequently, however, state authorities reported only that the remains
corresponded to five to seven adults and two to three children; the identification of
the corpses or further information regarding the grave site have not been provided
by the State (supra paragraph 86(31)).
152. The Court observes with grave concern that only the limited investigative
steps described above have been performed by Suriname since the events of
November 29, 1986.
Furthermore, the State has maintained this posture of
indifference despite a directive adopted on December 19, 1995 by the National
Assembly of Suriname, requesting the Executive Branch “to instigate an immediate
investigation” into human rights violations committed during the military regime
(supra paragraph 86(32)).
153. In efforts to explain the troublesome lack of results, the State has remarked
that the political climate in Suriname after the 1986 attack prevented “an
independent and impartial investigation,” since “the position of power held by the
former military leaders had not yet ended and […] democracy was still not stable.”
In this regard, the Court acknowledges the difficult circumstances endured by the
nation of Suriname in its struggle for democracy. Nevertheless, country conditions,
however difficult, generally may not release a State Party to the American
85
Cf. Case of Juan Humberto Sánchez, supra note 78, paras. 127 and 132; and U.N. Manual on the
Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions, U.N. Doc
E/ST/CSDHA/.12 (1991).
86
Cf. Case of Juan Humberto Sánchez, supra note 78, paras. 127 and 132; and U.N. Manual on the
Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions, U.N. Doc
E/ST/CSDHA/.12 (1991).