Resolución de la Corte Interamericana de Derechos Humanos del 18-12-2009

• Date: 18 December 2009
• Court: Inter-American Court of Human Rights
• Respondent State: Surinam
• Procedure Type: Supervisión Cumplimiento Sentencia
• Case Type: Supervisión de cumplimiento

Order of the President of the Inter-American C. of Human Rights of December 18, 2009

C. of the Moiwana Village v. Suriname

Monitoring Compliance with Judgment

Having seen:

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

DECLARE[D],

Unanimously, that:

1. The S. violated the right to humane treatment enshrined in Article 5(1) of the American Convention on Human Rights, in relation to Article 1(1) of that treaty, to the detriment of the Moiwana community members, in the terms of paragraph 103 of th[e] [J]udgment.

2. T.S. violated the right to freedom of movement and residence enshrined in Article 22 of the American Convention, in relation to Article 1(1) of that treaty, to the detriment of the Moiwana community members, in the terms of paragraph 121 of th[e] [J]udgment.

3. T.S. violated the right to property enshrined in Article 21 of the American Convention, in relation to Article 1(1) of that treaty, to the detriment of the Moiwana community members, in the terms of paragraph 135 of th[e] [J]udgment.

4. T.S. violated the rights to judicial guarantees and judicial protection enshrined in Articles 8(1) and 25 of the American Convention, in relation to Article 1(1) of that treaty, to the detriment of the Moiwana community members, in the terms of paragraphs 163 and 164 of th[e] [J]udgment.

5. T. judgment constitutes, per se, a form of reparation, in the terms of paragraph 192 of th[e] [J]udgment.

AND DECIDE[D],

Unanimously, that:

1. The S. shall implement the measures ordered with respect to its obligation to investigate the facts of the case, as well as identify, prosecute, and punish the responsible parties, in the terms of paragraphs 202 – 207 of th[e] [J]udgment.

2. The S. shall, as soon as possible, recover the remains of the Moiwana community members killed during the events of November 29, 1986, and deliver them to the surviving community members, in the terms of paragraph 208 of th[e] [J]udgment.

3. The S. shall adopt such legislative, administrative, and other measures as are necessary to ensure the property rights of the members of the Moiwana community in relation to the traditional territories from which they were expelled, and provide for the members’ use and enjoyment of those territories. T. measures shall include the creation of an effective mechanism for the delimitation, demarcation and titling of said traditional territories, in the terms of paragraphs 209 – 211 of th[e] [J]udgment.

4. The S. shall guarantee the safety of those community members who decide to return to Moiwana Village, in the terms of paragraph 212 of th[e] [J]udgment.

5. T.S. shall establish a community development fund, in the terms of paragraphs 213 – 215 of th[e] [J]udgment.

6. The S. shall carry out a public ceremony, whereby Suriname recognizes its international responsibility and issues an apology, in the terms of paragraphs 216 – 217 of th[e] [J]udgment.

7. T.S. shall build a memorial in a suitable public location, in the terms of paragraph 218 of th[e] [J]udgment.

8. The S. shall pay the compensation ordered in paragraph 187 of the instant judgment to the Moiwana community members for material damages, in the terms of paragraphs 178 – 181 and 225 – 231 of th[e] [J]udgment.

9. The S. shall pay the compensation ordered in paragraph 196 of the instant judgment to the Moiwana community members for moral damages, in the terms of paragraphs 178 – 181 and 225 – 231 of th[e] [J]udgment.

10. The S. shall pay the compensation ordered in paragraph 223 of the instant judgment for costs, in the terms of paragraphs 223 – 231 of th[e] [J]udgment.

11. The C. will monitor compliance with this judgment and will close this case once the S. has fully implemented all of the provisions. W. one year of the date of notification of th[e] judgment, the S. shall furnish the C. with a report on the measures taken in compliance therewith, in the terms of paragraph 232 of said [J]udgment.

2. The judgment on interpretation of the Moiwana Judgment delivered by the C. on February 8, 2006, in which it:

DECIDE[D],

Unanimously,

1. To resolve the issues submitted by the S. of Suriname and the R., as well as to clarify aspects of the judgment on preliminary objections, merits and reparations of J. 15, 2005 in the C. of Moiwana Village set out therein, in the terms of paragraphs 13 through 19 of th[e] decision.

2. To continue to monitor the S.’s compliance with the judgment of J. 15, 2005 in the C. of Moiwana Village, in the terms of paragraph 232 of said judgment.

3. The Order on monitoring compliance with the Judgment, issued by the C. on November 21, 2007, whereby it declared as follows:

1. That, in accordance with the consideration found in Whereas paragraph 9, the S. has fully complied with the Operative Paragraph 6 of the Judgment […], regarding its obligation to hold a public ceremony of recognition and apology.

2. That, in accordance with the consideration found in Whereas paragraphs 17-19, the S. has fully complied with Operative Paragraphs 8 and 9 of the Judgment, regarding the order to effect the payment of compensation to the Moiwana community members for material and moral damages.

3. That, in accordance with the consideration found in Whereas paragraph 20 supra, the S. has fully complied with Operative Paragraph 10 of the Judgment regarding the order to effect the payment of compensation for costs to Forest Peoples Programme and Association Moiwana.

4. That the Tribunal will keep open the proceedings for monitoring compliance with the orders pending fulfillment, namely the obligations to:

a) implement the necessary measures to investigate the facts of the case, as well as to identify, prosecute, and eventually punish the responsible parties (Operative Paragraph 1 of the Judgement);

b) recover of the remains of the Moiwana community members killed during the events of November 29, 1986, as soon as possible, and deliver them to the surviving community members (Operative Paragraph 2 of the Judgement);

c) adopt legislative, administrative, and other measures necessary to ensure property rights of the members of the Moiwana community in relation to the traditional territories from which they were expelled, and provide for the members’ use and enjoyment of those territories (Operative Paragraph 3 of the Judgment on preliminary objections, merits, reparations and costs, and Operative Paragraph 1 of the Interpretation Judgement);

d) guarantee the safety of those community members who decide to return to Moiwana Village (Operative Paragraph 4 of the Judgement);

e) establish a community development fund (Operative Paragraph 5 of the Judgement), and

f) build a memorial in a suitable public location (Operative Paragraph 7 of the Judgment).

Through said order, the C. further decided:

1. To require the S. to take the necessary measures to fully and immediately comply with the Operative Paragraphs pending fulfillment of the Judgment on the preliminary objections, merits, reparations and costs, delivered by the C.o.J. 15, 2005 and this Order...