72 work has been done together with the organization Moiwana ’86. initiatives and efforts have implied time and costs; These b) the former Moiwana Village residents lost their homes, possessions and means of subsistence when they were forced to flee. To this day, because they have received neither justice nor compensation in the intervening years, they remain in a precarious state with respect to their living conditions; c) material harm caused also includes economic losses related to medical or psychological treatment required as a consequence of the denial of justice and displacement in the instant case; and d) because the attack has been left in impunity, the survivors have been denied the foundation of fact and law necessary to seek compensation for the wrongs they suffered. Thus, although such losses are complicated to estimate in the present case, they should be assessed by the Court in equity. Arguments of the representatives 183. The representatives requested that the Court order material and moral damages resulting from the ongoing violation of Article 21 of the American Convention, which “should account for the grave harm caused to the victims’ cultural integrity, dignity and spiritual well-being caused by this arbitrary, uncompensated and ongoing deprivation, as well as the destruction of the victims’ subsistence lifestyle.” Arguments of the State 184. Regarding the requests for material damages, the State argued that: a) no concrete indications or proof have been given regarding the actual material and moral harm resulting from the alleged failure of State to provide the effective judicial protection and guarantees required under the Convention. Furthermore, there is no correlation between the alleged violations and the level and nature of the compensation demanded; and b) the Commission attempts to obtain, “in a roundabout way,” damages for alleged human rights violations that occurred prior to the State’s accession to the American Convention, including violations of the right to life. The Court’s Assessment 185. The Court will now assess material damages suffered by the victims as a result of the facts of the instant case, in order to grant an appropriate indemnity. In so doing, the Tribunal will take into account the evidence submitted, its own case law and the relevant arguments presented by the Commission, the representatives, and the State. 186. The proven facts indicate that the Moiwana community members were violently forced from their homes and traditional lands into a situation of ongoing displacement, whether in French Guiana or elsewhere in Suriname (supra paragraph 86(18)). Moreover, they have suffered poverty and deprivation since their flight

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