Moiwana Village v. Suriname

Inter-Am. Ct. H.R. (ser. C) No. 124 (2005)

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Moiwana Village v. Suriname

Inter-American Court of Human Rights
Inter-Am. Ct. H.R. (ser. C) No. 124 (2005)

Facts

In November 1986, Surinamese soldiers attacked a tribal community, Moiwana Village (plaintiff), home to the N’djuka people. The massacre left 40 community members dead. Moiwana Village was razed to the ground. Survivors ran from the community in fear and did not return. Although the N’djuka people were not indigenous to Suriname (defendant), the N’djuka’s ancestral lands had great significance for them from a cultural and religious standpoint. The Surinamese government did not investigate the attack until 1989, prosecute anyone, or ascertain the identities of bodies located in a mass grave. Survivors filed a petition alleging violations of the American Convention on Human Rights (the convention), which Suriname ratified in November 1987, one year after the massacre. The Inter-American Commission on Human Rights (the commission) made recommendations to Suriname, with which Suriname did not comply. The commission then referred the case to the Inter-American Court of Human Rights (the court). Suriname submitted preliminary objections, arguing that the court lacked jurisdiction because the attack happened prior to Suriname’s acceptance of the court’s jurisdiction.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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