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d)
the judicial remedies theoretically available through the legal system
have proven completely illusory in the present case, as the alleged victims
have never succeeded in obtaining an adequate investigation of the attack on
Moiwana Village, although the attack included multiple crimes requiring an
investigation ex officio, including, but not limited to, murder, battery and
destruction of property;
e)
the only reported efforts to carry out an investigation in the instant
case, those headed by Inspector Gooding, reached a stage at which a number
of members of the armed forces were arrested, only to be liberated by a siege
conducted by the military police;
f)
although this action to release the detained soldiers was an open and
notorious breach of the authority of the military police, it was not met with
any official sanction. To the contrary, the investigation of the attack on
Moiwana Village was suspended following the murder of Inspector Gooding, in
circumstances that have themselves never been clarified. In this way, the
authorities responsible for carrying out an investigation have either been
intimidated or directly prevented from applying due diligence to investigate
the attack;
g)
in addition to a state’s obligation to investigate suspected human
rights violations ex officio, Surinamese law establishes the right of a victim to
petition as a party for a criminal investigation. The alleged victims, then, had
a fundamental civil right to go to the courts, and thereby play an important
role in propelling the criminal case forward; however, that right cannot be
realized when the investigation process is obstructed;
h)
family members are entitled to know the facts and circumstances with
respect to the fate of their loved ones. They are also entitled to a judicial
investigation by a criminal court in order to establish responsibility for human
rights violations;
i)
the amnesty law adopted by the State fosters the impunity prevalent
in Suriname after the attack on Moiwana Village. Since the initiatives to
investigate never reached the stage of prosecution, the amnesty law was
never applied in the instant case. Nevertheless, evidence suggests that the
law had the effect of indicating to relevant officials that those responsible for
violations committed during the relevant time period were not to be held
accountable; and
j)
the amnesty law continues to be interpreted by many as precluding
any measures to identify, prosecute and punish those responsible for the
attack on Moiwana Village; and thereby contributes to the prevailing of
impunity, both in the present case and in others of Suriname.
Arguments of the representatives
137. The representatives agreed with the Commission that the State violated the
aforementioned rights to judicial guarantees and to judicial protection, and argued as
follows: