76
c)
the Moiwana community members’ connection to their ancestral
territory was brusquely severed – dispersing them throughout Suriname and
French Guiana. Since a N’djuka community’s relationship to its traditional
land is of vital spiritual, cultural and material importance, their forced
displacement has devastated them emotionally, spiritually, culturally, and
economically (supra paragraph 86(42)).
196. In consideration of the severe circumstances discussed above, the Tribunal
sees fit, on grounds of equity, to direct the State to grant an indemnity for moral
damages of US$10,000.00 (ten thousand dollars of the United States of America), or
the equivalent in national currency, to each of the victims indicated in paragraphs
180 and 181 of the instant judgment. The indemnity for moral damages shall be
granted to each of the victims pursuant to the terms stipulated in paragraphs 178
and 179 of the instant judgment.
D) OTHER FORMS OF REPARATION
(Satisfaction measures and non-repetition guarantees)
Arguments of the Commission
197. With regard to measures of satisfaction and guarantees of non-repetition, the
Commission requested that the Court order Suriname to complete the following
measures:
a)
adopt all measures required to ensure the prompt and effective
investigation of the attack on Moiwana Village and subsequent denial of
justice in order to ensure that those responsible are tried and punished;
b)
facilitate the return of any former members of Moiwana Village, their
family members and any family members of those killed who wish to resume
life in that community. This measure must include: i) formal legal recognition
of their right to own and occupy the traditional seat of the community; ii)
guarantees to ensure their personal security; and iii) the construction,
furnishing and staffing of educational and health facilities in the community;
c)
locate the remains of the victims who were killed in the massacre at
Moiwana and whose bodies have not been recovered, and exhume them
and/or take other measures necessary to serve the wishes of their families
with respect to an appropriate final resting place;
d)
erect a monument to memorialize both the massacre at Moiwana
Village and its victims, in consultation with and taking fully into account the
wishes of the survivors and family members of those killed; and
e)
issue a formal apology to the designated Gaanman of the N’djuka
community for the denial of judicial protection and forced displacement.
198. The Commission based the abovementioned requests on the following
considerations:
1. The criminal investigation