65
162. Regarding the case’s complexity, the Court recognizes that the investigation
into the events of November 29, 1986 is a difficult matter, as the attack implicated
the past actions of a powerful military regime, involved a great number of possible
victims – who are now either dead or displaced – and took place in a remote area of
the country, among other factors. Nevertheless, it is recalled that, in Inspector
Gooding’s 1989 investigation, statements of witnesses were taken and arrests of
suspects were carried out (supra paragraph 86(25)). Had the investigation not been
abandoned shortly thereafter – owing to the obstructive actions of the military
(supra paragraph 86(27)) and the subsequent lack of resolve displayed by Attorney
General’s Office (supra paragraphs 86(31) – 86(33) and 86(35)) – it may have
promptly resulted in the identification and the subsequent punishment of the attack’s
perpetrators. Thus, the Court does not find the extended delay to be justified;
accordingly, the length of said proceedings must be judged unreasonable.
*
*
*
163. In consideration of the many facets analyzed above, the Court holds that
Suriname’s seriously deficient investigation into the 1986 attack upon Moiwana
Village, its violent obstruction of justice, and the extended period of time that has
transpired without the clarification of the facts and the punishment of the responsible
parties have defied the standards for access to justice and due process established in
the American Convention.
164. As a result, the Tribunal declares that the State violated Articles 8(1) and 25
of the American Convention, in relation to Article 1(1) of that treaty, to the detriment
of the Moiwana community members.
*
*
*
165. The Court takes notice that, on August 19, 1992, the President of Suriname
officially promulgated the “Amnesty Act 1989,” which grants amnesty to those who
have committed certain criminal acts, with the exception of crimes against humanity,
during a period from January of 1985 until August of 1992 (supra paragraph
86(39)). The statute vaguely defines crimes against humanity as “those crimes
which according to international law are classified as such.” Naturally, then, during
the proceedings before the Tribunal there has been much debate as to whether the
elements of the 1986 attack reach the threshold of crimes against humanity.
166. In this regard, the Court finds it necessary to reiterate its holding above: in
response to the extrajudicial killings that occurred on November 29, 1986, the
foremost remedy to be provided by the State is an effective, swift investigation and
judicial process, leading to the clarification of the facts, punishment of the
responsible parties, and appropriate compensation of the victims.
167. As the Tribunal has asserted on repeated occasions,92 no domestic law or
regulation – including amnesty laws and statutes of limitation – may impede the
State’s compliance with the Court’s orders to investigate and punish perpetrators of
92
Cf. Case of the Gómez-Paquiyauri Brothers, supra note 59, para. 151; Case of Bulacio, supra
note 79, paras. 117 and 142; and Case of the Five Pensioners. Judgment of February 28, 2003. Series C
No. 98, para. 164.