42 Legal Representation of the Moiwana Community Members 86(44). The Moiwana community members have been represented domestically, as well as before the Inter-American System, by the following three organizations: Moiwana ’86, the Forest Peoples Programme, and Association Moiwana. These organizations have requested compensation for the costs in which they have incurred during the instant case’s preparation; on the other hand, they have waived all attorney fees.58 IX ARTICLE 5 OF THE AMERICAN CONVENTION (RIGHT TO HUMANE TREATMENT) IN RELATION WITH ARTICLE 1(1) (OBLIGATION TO RESPECT RIGHTS) Arguments of the representatives 87. The representatives claimed that the State violated the right to humane treatment established in Article 5 of the American Convention based on the following considerations: a) the alleged victims have all suffered “substantial, severe and protracted mental and moral suffering and anguish,” amounting to a violation of Article 5, which has been proven on the basis of the evidence before the Court and can be presumed as well due to the nature of the underlying violations and prevailing state of impunity in the case; b) the alleged victims have suffered ongoing and continuous violations of Article 5 both in their own right as survivors of the massacre and those denied justice, and by virtue of their status as the next of kin of the “39 persons known to have been murdered at Moiwana Village”; c) the violations of Article 5 are directly imputable to Suriname due to its responsibility for the massacre; its protracted and ongoing refusal to provide justice to the alleged victims and the resulting state of impunity; and its failure to cooperate in any way with them in their many attempts to clarify the facts, to locate and provide proper burials for the remains of their loved ones and to seek a just closure to their anguish and suffering; d) the alleged victims have suffered great anxiety in the knowledge that their failure to obtain justice for those killed has violated fundamental norms and obligations of their society and has “invited the wrath of the spirits of the dead,” which may also inflict suffering upon their children and future generations; testimony of Andre Ajintoena delivered before the Inter-American Court on September 9, 2004; and testimony of Erwin Willemdam delivered before the Inter-American Court on September 9, 2004. 58 Cf. Expense receipts (case file on preliminary objections and possible merits, reparations and costs, vol. IV, pp. 903 and 924 – 994).