6
19.
The Commission argues that the Saramakas also suffered direct moral
damages and should be compensated. According to the Commission,
In the traditional Maroon society, a person is not only a member of his own
family group, but also a member of the village community and of the tribal group. In
this case, the damages suffered by the villagers due to the loss of certain members of its
group must be redressed. Since the villagers, in practice, constitute a family in the
broad sense of that term [. . .] they have suffered direct emotional damages as a result
of the violations of the Convention.
The deeds for which the Government accepted responsibility appear to have caused
damages to the Saramaka tribe, aggravated by the Government’s subsequent
actions in not recognizing “the rights of the Bushnegroes.” In the Commission’s
opinion, a conflictive relationship appears to have existed between the Government
and the Saramaka tribe and the killings occurred as a consequence of that situation.
20.
The Commission states that the families of the victims demand that certain
non-pecuniary provisions be made. For example, they ask that the President of
Suriname apologize publicly for the killings; that the chiefs of the Saramaka tribe be
invited to come before the Congress of Suriname to receive an apology; and, that
the Government publish the operative part of this judgment. They also request the
Government to exhume the bodies of the six victims and return them to their
respective families; to name a park, square or street in a prominent section of
Paramaribo after the Saramaka tribe; and, to investigate the murders committed
and punish the guilty parties.
21.
The Commission demands that the Government pay the expenses and costs
incurred by the families of the victims in asserting their rights before the courts of
Suriname, the Commission, and the Court.
In its brief, the Commission describes some aspects of that endeavor, which included
a visit to Suriname by the attorney representing the victims, a visit to the interior of
the country by part of Moiwana 86, the appointment of research assistants to
prepare the three hearings for the case before the Commission and the initial
memorandum to the Court, and the hiring of an associate professor to take over the
university course that the victims’ attorney was unable to give because of his work
on this case.
22.
The Commission’s brief concludes that:
[. . .]
In view of the foregoing, the Commission on Human Rights and the attorneys
representing the victims’ families respectfully request that the Court order the payment
of the following amounts:
A lump sum of Sf. 5,114,484 broken down as follows:
Sf. 1,114,484 for material damages, to the children;
Sf. 660,000 for moral damages, to the children;
Sf. 1,340,000 for moral damages, to the adult dependents;
Sf. 2,000,000 for moral damages, to the tribe of the
victims;