8
12.
Accordingly, with respect to the investigations into the attack, the State must
consult with the representatives in order to learn what measures they consider
indispensable so that victims will come forward to testify, and it must report its
findings and achievements to the Tribunal. In light of the State’s proposal that
witnesses be interrogated at its seat, the Tribunal reminds the parties that it is not a
criminal court in which the criminal responsibility of individuals may be analyzed. 10
The State must be able to fulfill its duties relating to the protection of witnesses
subject to its jurisdiction. The Court reiterates that it is the State’s responsibility to
“provide adequate safety guarantees to […] victims, […] witnesses, judicial officers,
prosecutors, and other […] law enforcement officials”11 participating in the
investigation and prosecution of crimes. In particular, the State must protect these
parties from harassment and threats designed to obstruct proceedings and to
prevent the identification of those responsible for the attacks. 12 The Court finds that
the State’s efforts to date have been insufficient to instill confidence in witnesses as
to their safety, and it notes the representatives' allegations of threats by a person in
a “prominent political position” in Suriname with particular concern. Therefore, the
Court finds it necessary to request specific information from the State on the threats
alleged and on the measures it is undertaking to confront possible intimidation
against potential witnesses.
13.
Moreover, this Court has repeatedly stated that investigations cannot depend
upon the initiative of victims and their family members or upon their submission of
evidence.13 Even so, the State has provided no information on other avenues it has
pursued in order to investigate the 1986 attack against Moiwana Village, nor has it
indicated whether the persons referred to by the representatives have been
investigated. The State has also identified at least one person as a possible
perpetrator; however, due to an alleged lack of resources, it has subordinated the
investigation into his responsibility for the attacks in this case to the conclusion of
another, presumably unrelated, investigation. The Court reiterates the importance of
this obligation for the integral reparation of the victims and their family members. As
long as impunity persists in this case, surviving victims will continue to fear for their
personal safety and will not be able to return to their ancestral lands, as they dread
that spirits angered by their failure to secure justice will seek vengeance against
10
Cf. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4,
para. 134; Case of Dacosta Cadogan v. Barbados. Preliminary Objections, Merits, Reparations, and Costs.
Judgment of September 24, 2009. Series C No. 204, footnote 79; and Case of Barreto Leiva v. Venezuela.
Merits, Reparations, and Costs. Judgment of November 17, 2009. Series C No. 206, para. 24.
11
Case of the Moiwana Community v. Suriname, supra note 8, para. 207.
12
Cf. Case of Myrna Mack Chang v. Guatemala. Merits, Reparations, and Costs. Judgment of
November 25, 2003. Series C No. 101, para. 199; Case of the Rochela Massacre v. Colombia. Merits,
Reparations, and Costs. Judgment of May 11, 2007. Series C No. 163, para. 171; and Case of Bayarri v.
Argentina. Preliminary Objection, Merits, Reparations and Costs. Judgment of October 30, 2008. Series C
No. 187, para. 176.
13
Cf. Case of the Moiwana Community v. Suriname, supra note 8, para. 146. See also Case of
Velásquez Rodríguez v. Honduras, supra note 10, para. 177; Case of Rosendo Cantú and other v. Mexico.
Preliminary Objection, Merits, Reparations, and Costs. Judgment of August 31, 2010. Series C No. 216,
para. 175; and Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia. Merits, Reparations, and Costs.
Judgment of September 1, 2010. Series C No. 217, para. 153.