3
6.
On March 7, 2000, during its 106th Regular Period of Sessions, the
Commission approved Admissibility Report No. 26/00, in which it decided, inter alia,
that the claims with respect to Articles 25, 8 and 1(1) of the American Convention
were admissible.
7.
On February 28, 2002, during its 114th Regular Period of Sessions, the
Commission approved Report No. 35/02 on the merits of the case, in which it made
the following recommendations to the State:
1.
That the State of Suriname open a serious, impartial, and effective
investigation into the facts so that an official report can be produced
on the circumstances surrounding the Moiwana massacre and [so that
the perpetrators may be] duly tried and punished.
2.
That the necessary steps be taken to complete, as soon as possible
and in absolute conformity with [the] law, the judicial and
administrative proceedings concerning all the persons involved in the
violations cited in the […] conclusions [of Report No. 35/02], in order
to investigate, prosecute and duly punish the responsible persons.
3.
That the State of Suriname repair the consequences of these violations
of rights to the victims, their families, and rightful claimants who have
been prejudiced by the aforesaid violations of rights, [whose]
reparation is to be based on the concept of family established by the
Inter-American Court of Human Rights.
4.
That the State of Suriname take necessary legislative and judicial
measures to repeal [and] nullify the Amnesty law for this case, in so
far as it allows for impunity for human rights violations, and crimes
against humanity.
8.
By the communication dated March 21, 2002, the Commission transmitted
Report No. 35/02 to the State, with the request that the State report, within two
months from the date of transmission, on the measures adopted in fulfillment of the
recommendations contained therein.
9.
By the communication of the same date, the Commission informed the
petitioners that it had approved Report No. 35/02 and requested that they provide
information pursuant to Article 43(3) of the Commission’s Rules of Procedure,
regarding the petitioners’ position with respect to a possible referral of the case to
the Inter-American Court. The petitioners complied with this request on April 20,
2002.
10.
On May 20, 2002, the State submitted a communication contesting both the
admissibility of the case and the Commission’s decisions in Report No. 35/02.
11.
After unsuccessful efforts to facilitate the State’s compliance with its
recommendations, and having taken into account the views of the petitioners on the
matter, the Commission decided to refer the case to the Inter-American Court.