Resolución de la Corte Interamericana de Derechos Humanos del 22-11-2010

• Date: 22 November 2010
• Court: Inter-American Court of Human Rights
• Respondent State: Surinam
• Procedure Type: Supervisión de Cumplimiento de Sentencia
• Case Type: Supervisión de cumplimiento

O. of the Inter-American C. of Human Rights of November 22, 2010

C. of the Moiwana Community v. Suriname

Monitoring Compliance with J.

Having seen:

1. The J. on preliminary objections, merits, reparations and costs delivered in the C. of the Moiwana Community v. Suriname by the Inter-American C. of Human Rights (hereinafter “the C.,” “the Inter-American C.,” or “the Tribunal”) on J. 15, 2005 (hereinafter “the J.” or “the Moiwana J.”)

2. The J. on Interpretation of the Moiwana J. (hereinafter “the J. on Interpretation”) delivered by the C. on February 8, 2006, in which it clarified aspects of the J. on preliminary objections, merits, reparations and costs and decided that it would continue to monitor the Republic of Suriname’s compliance therewith (hereinafter “the S.” or “Suriname”)

3. The O. on the monitoring of compliance with the J. issued by the C. on November 21, 2007, whereby it declared as follows

1. That, in accordance with [Having Seen clause] 9, the S. ha[d] fully complied with […] Operative Paragraph [six] of the J. […], regarding its obligation to hold a public ceremony of recognition and apology;

2. That, in accordance with [Having Seen clauses] 17-19, the S. ha[d] fully complied with Operative Paragraphs [eight] and [nine] of the J., regarding the order to effect the payment of compensation to the Moiwana [C]ommunity members for material and moral damages;

3. That, in accordance with [Having Seen clause 20], the S. ha[d] fully complied with Operative Paragraph [ten] of the J.[,] regarding the order to effect the payment of […] costs to [the] Forest Peoples Programme and [the Moiwana] Association[;]

4. That the Tribunal w[ould continue] the proceedings for [the] monitoring [of] compliance with the orders pending fulfillment.

In that O., the C. decided:

1. To require the S. to take the [measures necessary] to fully and immediately comply with the Operative Paragraphs […] of the J. [pending fulfillment;]

2. To require the S. to submit to the C., [by] M. 25, 2008, a detailed report on the actions taken in order to [carry out] the reparations ordered by the C. which are still pending, as set forth in [Considering clauses] 10 to 16 and [Declarative] [P]aragraph [four] of th[e] O.. [A., the C. decided that the report should contain, among other things,] detailed information [on] the following:

a. with respect to the obligation to investigate the facts of the case and to identify, prosecute, and[, if applicable,] punish the responsible parties, the S. shall inform the C. of its efforts to ensure a mechanism by which the victims can give their testimony with due guarantees for their safety and the effective [safeguards of due] process;

b. with respect to the recovery of the remains of the victims and their delivery to the surviving [C]ommunity members, the S. shall inform the C. of the specific efforts taken to employ all technical and scientific means available to recover the remains with due diligence. The S. shall also report on the status of its analysis of the human remains found […] in 1993;

c. with respect to the adoption of such legislative, administrative, and other measures as are necessary to ensure [the] property rights of the members of the Moiwana [C]ommunity in relation to their [ancestral lands], the S. shall inform the C. of the composition and specific mandate of the National Commission on Land Rights[,] as well as the status of its deliberations [on the] develop[ment of] a national policy. The S. shall also inform the C. [on] the measures it has taken to achieve the ‘informed consent of the victims’ in th[at] deliberative process;

d. with respect to the community development fund, the S. shall inform the C. about the progress of the implementation committee in developing concrete plans and proposals […] with the goal of providing for the health, housing[,] and education of the Moiwana [C]ommunity and provide information about any […] projects that have been funded. The S. shall also inform the C. on the funds transferred and the measures taken in order to establish an operative budget [that] guarantee[s] that the Committee can [carry out necessary operative and logistical functions in accordance with] its mandate; and

e. with regard to the memorial, the S. shall inform the C. about the status of the project’s completion [and include] photographs or other descriptions[, as available].

[…]

4. The S. notes of October 23, 2008, and May 13, 2009, in which the S. was advised that in accordance with Operative Paragraph two of the aforementioned O., the deadline for the submission of a detailed report on its implementation of the reparations ordered by the Tribunal had expired on M. 25, 2008, yet no report had been received. A., the S. requested that the S. submit such a report as soon as possible. S., through the S. note of September 2, 2009, the S. was given a new deadline for the submission of a report on its compliance with the J.. T. deadline expired on October 2, 2009, yet no report was received. T., through the S. note of October 22, 2009, the S. was again asked to submit a report on compliance as soon as possible. The S. did not submit the report requested.

5. The O. on the monitoring of compliance with the J. issued by the President of the C. on December 18, 2009, in which the Inter-American Commission on Human Rights (hereinafter “the Inter-American Commission” or “the Commission”), the representatives of the victims (hereinafter “the representatives”), and the S. were summoned to a private hearing at the seat of the C. on February 1, 2010, so that the latter could obtain complete and updated information from the S. on its compliance with the J., as well as observations from the Commission and the representatives.

6. The communication of J. 20, 2010, whereby the representatives indicated that they would be unable to attend the hearing scheduled by the C. and requested that they be allowed to submit their views on the S.’s compliance with the J. in writing. Through the S. note of J. 25, 2010, the representatives were informed that they had until J. 28, 2010, to file their submissions.

7. The brief dated J. 28, 2010, whereby the representatives submitted information on the S.’s compliance with the J. (supra Having Seen clause 6).

8. The private hearing held at the seat of the C. on February 1, 2010.[1]

9. The S. note of February 8, 2010, which specified the information that the parties were required to include in the written report requested by the C. at the end of the private hearing (supra Having Seen clause 8).

10. The brief dated February 28, 2010, whereby the representatives submitted their comments on the private hearing and on the documents submitted by the S. during the hearing (supra Having Seen clause 8).

11. The communication of M. 2, 2010, whereby the S. submitted the written report requested by the C. at the end of the private hearing (supra Having Seen clause 8).

12. The S. notes of M. 8, M.7., and September 30, 2010, which indicated that in its report (supra Having Seen clause 11), the S. did not include the schedule requested in the S.'s note of February 8, 2010 (supra Having Seen clause 9), for the transfer of the amounts still owed to the development fund and for the implementation of the development process proposed in the document “Strategy for the Sustainable Development of the Moiwana Village,” submitted to the C. during the private hearing (supra Having Seen clause 8). In its notes, the S. repeated its request and indicated that once a schedule was received, the Commission and the representatives would have an opportunity to submit observations to all of the S.’s submissions (supra Having Seen clause 11). F., through its note of October 28, 2010, the S. indicated that due to the S.’s failure to submit the requested schedule, the parties would have until November 3, 2010, for the submission of observations to the representatives' brief of February 28, 2010, and the S.’s brief of M. 2, 2010 (supra Having Seen clauses 10 and 11).

13. The brief of November 5, 2010, whereby the Commission submitted observations to the representatives' brief of February 28, 2010, and the S.’s brief of M. 2, 2010 (supra Having Seen clauses 10 and 11).

14. The brief of November 12, 2010, whereby the S. submitted information on the transfer of the amounts still owed to the...