3
8.
The memorial of the Commission contains all the documentation on the
instant case. Proceedings were initiated by the Commission on February 1, 1988,
and continued until May 15, 1990. On that date, pursuant to Article 50 of the
Convention, the Commission drew up Report Nº 03/90 which decided the following:
1. To admit the present case.
2. To declare that the parties have been unable to achieve a friendly
settlement.
3. To declare that the Government of Suriname has failed to fulfill its obligations
to respect the rights and freedoms contained in the American Convention on Human
Rights and to assure their enjoyment as provided for in Articles 1 and 2 of the same
instrument.
4. To declare that the Government of Suriname violated the human rights of the
subjects of this case as provided for by Articles 1, 2, 4(1), 5(1), 5(2), 7(1), 7(2), 7(3),
25(1), and 25(2) of the American Convention on Human Rights.
5. To recommend to the Government of Suriname that it take the following
measures:
a.
Give effect to Articles 1 and 2 of the Convention by assuring respect
for
and enjoyment of the rights contained therein;
b. Investigate the violations that occurred in this case and try and punish
those responsible for their occurrence;
c Take necessary measures to avoid their reoccurrence;
d. Pay a just compensation to the victims’ next of kin.
6. To transmit this report to the Government of Suriname and to provide the
Government with 90 days to implement the recommendations contained herein. The 90
day period shall begin as of the date this report is sent. During the 90 days in question
the Government may not publish this report, in keeping with Article 47(6) of the
Commission’s Regulations.
7. To submit this case to the Inter-American Court of Human Rights in the
event that the Government of Suriname should fail to implement all of the
recommendations contained in numeral 5 above.
9.
In its memorial of April 1, 1991, the Commission requested the following of
the Court:
[. . .]
That the Honorable Court find the State of Suriname responsible for the deaths
of Messrs. Aloeboetoe, Daison; Aloeboetoe, Dedemanu;
Aloeboetoe, Mikuwendje;
Amoida, John; Voola, Richenel, alias Aside [or] Ameikanbuka (found alive); Banai, Martin
Indisie; and, Tiopo, Beri, while in detention, and hold that these deaths violate Articles
1(1) (2), 4(1), 5(1) (2), 7(1) (2) (3) and 25 of the American Convention on Human
Rights.
That the Court find that Suriname must pay adequate reparation to the victims’
next of kin and, consequently, order the following: payment of indemnization for
indirect damages and loss of earnings; reparation for moral damages, including the
payment of compensation and adoption of measures to restore the good name of the
victims; and, the investigation of the crime committed, with due punishment for those
found to be guilty.