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work has been done together with the organization Moiwana ’86.
initiatives and efforts have implied time and costs;
These
b)
the former Moiwana Village residents lost their homes, possessions
and means of subsistence when they were forced to flee. To this day,
because they have received neither justice nor compensation in the
intervening years, they remain in a precarious state with respect to their
living conditions;
c)
material harm caused also includes economic losses related to medical
or psychological treatment required as a consequence of the denial of justice
and displacement in the instant case; and
d)
because the attack has been left in impunity, the survivors have been
denied the foundation of fact and law necessary to seek compensation for the
wrongs they suffered. Thus, although such losses are complicated to estimate
in the present case, they should be assessed by the Court in equity.
Arguments of the representatives
183. The representatives requested that the Court order material and moral
damages resulting from the ongoing violation of Article 21 of the American
Convention, which “should account for the grave harm caused to the victims’ cultural
integrity, dignity and spiritual well-being caused by this arbitrary, uncompensated
and ongoing deprivation, as well as the destruction of the victims’ subsistence
lifestyle.”
Arguments of the State
184.
Regarding the requests for material damages, the State argued that:
a)
no concrete indications or proof have been given regarding the actual
material and moral harm resulting from the alleged failure of State to provide
the effective judicial protection and guarantees required under the
Convention. Furthermore, there is no correlation between the alleged
violations and the level and nature of the compensation demanded; and
b)
the Commission attempts to obtain, “in a roundabout way,” damages
for alleged human rights violations that occurred prior to the State’s accession
to the American Convention, including violations of the right to life.
The Court’s Assessment
185. The Court will now assess material damages suffered by the victims as a
result of the facts of the instant case, in order to grant an appropriate indemnity. In
so doing, the Tribunal will take into account the evidence submitted, its own case law
and the relevant arguments presented by the Commission, the representatives, and
the State.
186. The proven facts indicate that the Moiwana community members were
violently forced from their homes and traditional lands into a situation of ongoing
displacement, whether in French Guiana or elsewhere in Suriname (supra paragraph
86(18)). Moreover, they have suffered poverty and deprivation since their flight