64
157. The Court further observes that there is abundant evidence in the record that
attests to the involvement of Suriname’s military regime in the overt obstruction of
justice in the instant case. Army Commander Desire Bouterse’s forcible release of
Orlando Swedo and his statement forbidding the further investigation of military
operations by the civilian police serve as irrefutable examples.
158. The proven facts (supra paragraphs 86(28), 86(29) and 86(37)) also
demonstrate that essential actors in the search for justice in the present case
suffered serious violence and harassment: a) on August 4, 1990, Inspector Herman
Gooding, following his meeting with the Deputy Commander of the military police,
was murdered; b) some police investigators that collaborated with Inspector Gooding
faced life-threatening circumstances and, consequently, fled Suriname; c) Stanley
Rensch, founder of Moiwana ’86, survived an assassination attempt and was
arbitrarily arrested four times; eventually, he also sought refuge abroad; and d)
those who collaborated with Moiwana ’86 to obtain justice for the 1986 attack and
related human rights abuses were often threatened and harassed; as a result, some
found it necessary to leave Suriname for their own safety (infra paragraph 207).
159. This Court considers that the purpose of such violence and threats was to
deter the aforementioned individuals from their respective roles in the investigation
and clarification of the facts surrounding the 1986 attack on Moiwana Village. In this
regard, the Tribunal notes with dismay that, after nearly 15 years, the murder of
Inspector Gooding still has not been conclusively investigated. In order to guarantee
due process and judicial protection in a renewed official investigation into the 1986
attack and related human rights violations, the State must facilitate all of the
necessary means to protect investigators, witnesses, judges, prosecutors and the
Moiwana community members.90
c)
The reasonableness of the length of proceedings
160. Since Suriname recognized the competence of the Court on November 12,
1987, almost 18 years have passed and the State has not conducted a serious and
effective investigation capable of leading to the conviction of those responsible for
the attack on Moiwana Village (supra paragraph 86.33). The Tribunal considers that
such a prolonged delay constitutes per se a violation of judicial guarantees, which
only exceptionally could be justified by the State. The Court will nevertheless assess
whether the delay resulted directly from the case’s complexity or from the conduct of
the parties.91
161. With respect to the conduct of the parties, the proven facts (supra paragraphs
86(34) and 86(35)) indicate that the alleged victims and their representatives have
frequently urged a criminal investigation into the attack on Moiwana Village, and on
occasions have directly facilitated the State’s efforts, such as in 1993 when Moiwana
’86 reported the discovery of the mass grave site to the Office of the Attorney
General.
90
91
Cf. Case of Myrna Mack-Chang. Judgment of November 25, 2003. Series C No. 101, para. 199.
Cf. Case of the Serrano-Cruz Sisters, supra note 9, para. 69; Case of Ricardo Canese, supra note
65, para. 142; and Case of 19 Merchants, supra note 75, para. 191.