Suriname in February/Sviarch 1983 1983 February/Sviarch in Suriname to Mission a of Report Ypo
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Human Rights in Suriname Report of a Mission to Suriname in February/SVIarch 1983 by Prof. M. Bossuyt and Prof. J. G riffiths INTERNATIONAL COMMISSION OF JURISTS HR-REP-2-SR*HUM REPORT OF A MISSION (FEB/MARCH 1983) Human Rights in Suriname by Prof. Mare Bossuyt Prof. J. Griffiths Faculty of Law Faculty of Law University of Antwerp an University of Groningen Belgium Netherlands International Commission of Jurists (ICJ) Geneva, Switzerland INTERNATIONAL COMMISSION OF JURISTS - GENEVA CONTENTS 1. Introduction II. Background Information Concerning Suriname III. Developments Between the First and Second ICJ Missions IV. The Conduct of the Mission V. The Observations of the Mission VI. Events Subsequent to the Mission Report of 21 March V II. The Suspension of Development Assistance to Suriname VIII. Conclusions REPORT OF A MISSION Human Rights in Suriname by Professor Marc Bossuyt, Faculty of Law, Professor John Griffiths, Faculty of Law, University of Antwerp, Belgium University of Groningen, Netherlands I. Introduction fiths’ report, concerned illegal arrests and detentions and the mistreatment of detain From 25 February through 4 March ees, infringement of freedom of the press 1983 Prof. Griffiths and Prof. Bossuyt were by means of lawless intimidation, and a sent as observers on behalf of the ICJ on a number of aspects of the procedure before mission concerning the human rights situa a Special Tribunal created to try corrup tion in Suriname. tion cases. Griffiths concluded that al Prior to the present mission the ICJ had though the immediate situation at the time expressed to the government of Suriname of his mission was relatively favourable by its concern about the events of 8—9 Decem comparison with the foregoing year, there ber 1982, when 15 prominent opposition was nevertheless ground for serious con figures met their death while in the custody cern. He commented that of the army. Most of them were members of a recently formed Suriname Association “given the absence of any legal protec for Democracy, which had, in an open let tion against such abuses - as evidenced, ter to Col. Bouterse, Chairman of the Mili among other things, by the absence of tary Council, called for a constructive dia any significant sanctions, civil, criminal logue with a view to a return to constitu or otherwise, against those notoriously tional rule, parliamentary elections and the guilty of such abuses in the recent past Rule of Law. — everyone knows that he has only the The purpose of the ICJ mission was to present delicate political balance to enquire into the present situation concern thank for the relative security he now ing the rule of law and the system of jus enjoys. tice, including legal guarantees for ensuring An atmosphere of insecurity hangs the fair trial of suspects with an indepen over the country, an atmosphere of de dent judiciary and legal profession. fencelessness which is itself a human Professor Griffiths had previously under rights problem of very serious dimen taken a mission to Suriname on behalf of sions. Only the government can do any the ICJ in 1981. A report of this earlier thing about this, by putting an end to mission was published in ICJ Newsletter official and semi-official anarchy, and No. 8 (January/March 1981). In February hence to the stifling atmosphere which of 1981 the most serious human rights it fosters, and by making clear that a problems in Suriname, according to Grif permanent end has come to violence and lawlessness, and that those involved, elections and a return to constitutional whatever their rank, will be made to suf democratic rule, final political authority in fer the legal consequences.” Suriname has been in the hands of a small group of mostly military figures.2 II. Background Information Concerning Suriname III. Developments Between the First and Second ICJ Missions Suriname is situated on the northeast coast of South America. A former Dutch The immediate occasion for the second colony, it received its independence in mission was an upward spiral of apparent 1975. Suriname has a typically Caribbean governmental lawlessness and violence, cul population and culture, deriving from a minating in the deaths while in military former plantation economy which required custody of 15 leading opposition figures, the importation of its labour supply - first and followed by the unilateral decisions of in the form of African slaves, later of Hin the Dutch and other governments to sus dustani and Javanese contract labourers. pend or freeze their development assistance These, together with the descendants of programmes until adequate assurances of European and Jewish planters, farmers, sol respect for human rights are given by the diers and administrators (all of whom inter Suriname authorities. married, or at least interbred, with the The relevant events can be summarised local population), and also Chinese and as follows: Lebanese merchants, American Indians, Shortly after the first ICJ mission, Sgt- and Bush Negroes (descendants of escaped Major Sital and Sgt Mijnals, who had been slaves), and others, go to make up an extra sentenced on 11 December 1980 to two ordinarily kaleidoscopic and relatively well- years imprisonment for their part in an al integrated population of about half a mil leged plot, and Sgt Joenram, who had re lion, of whom almost a third have emigrat ceived a one year sentence, were released ed to the Netherlands in recent years.1 from prison. On 25 November 1975 Suriname be After having attempted a coup with came independent as a multi-party Repub out success on 15 March 1981, Sgt W. lic with an elected parliament and an inde Hawkerf, who had been a participant in pendent judiciary. On 25 February 1980 the successful coup of 25 February 1980, the constitutionally established govern was sentenced to 4 years imprisonment. ment was set aside in an almost blood-free In his book “Terreur op uitkijk” (“Ter coup d'etat carried out by a small group of ror on the look-out”) published in October non-commissioned officers. Some weeks 1981 Bram Behrf, a journalist, described after the coup a new civilian government how a peasant family was terrorised by the was appointed by the military authorities. Military Police. After having been shot Since that time, despite several promises of three times, one member of that family, 1) For the social and political history of Suriname see R. van Lier, Samenleving in een Grensgebied (197), and E. Dew, The Difficult Flowering of Suriname (1978). 2) Further information concerning the period between the coup d’etat of 25 February 1980 and the first ICJ mission can be found in the report of the earlier mission. t Since died a violent death. Deta Mahest, was killed by Sgt Lachman, ed upon instructions of Military Command who was later sentenced for misconduct by er D. Bouterse shortly thereafter (30 July a military tribunal. 1982). After strong protests by the judi On 4 February 1982 President Chin A ciary and others, they were again released Sen resigned at the request of the Military on 9 August, and on 21 August 1982 they Authority, composed of the military com were found guilty and sentenced to 5 manders D. Bouterse, R. Horbf and H. months imprisonment. Fernandest. Fernandes, who was due to The trial of Lieutenant Rambocus start become Minister of the Army at the end of ed on 13 October 1982. J. Baboeramt, E. the month, died in an helicopter accident Hoostt and H. Riedewaldt acted as lawyers on 28 March 1982. for the defence. On 3 December 1982 Lieu On 12 March 1982, Lieutenant S. Ram- tenant Rambocus was sentenced to 12 bocust freed Sgt. Major W. Hawker from years imprisonment. prison and attempted a coup which failed. At the end of October 1982 there was A heavily wounded Hawker was removed increasing pressure from social organisa from hospital, taken to military headquar tions calling for elections and a return to ters at Fort Zeelandia, forced to make a democratic government. C. Daalt, the lead declaration on television, and summarily er of the main trade union (“Moederbond”), executed. On 18 March Military Command was very active in this movement. On 28 er D. Bouterse announced that a state of October 1982 he was arrested but quickly war had been declared with retroactive ef released when several services went on fect to 11 March, pursuant to which the strike in protest against his arrest. On 31 army had conducted a field court martial October 1982, Daal presided over a mass and carried out a death penalty. meeting of 15,000 persons, while a mass More than 50 people were arrested in meeting called by Military Commander D. connection with the Hawker/Rambocus Bouterse attracted only 1,500 persons. coup-attempt, several of whom were se At about the same time strikes were verely beaten. Prof. I. Oemrawsinght, a held at the University. According to gov prominent member of one of the two ma ernment circles, those actions were politi jor political parties before the coup of 25 cally coordinated by Dr. F. Leckiet, Dean February 1980, was allegedly implicated in of the Faculty of Social and Economic the coup-attempt. On 15 March 1982 his Sciences. dead body was found near the border with On 2 November 1982 the Bar Associa Guyana. Section on his body indicated that tion presided over by K. Gongalvest, wrote his blood contained traces of an insecticide. a letter to the “Policy Centre” (the highest The official cause of his death is suicide. political body of the regime). This letter On 30 March 1982 the Military Com called for a return to constitutional, demo mander D. Bouterse announced a decree cratic rule and was publicly endorsed by providing for the rights and duties of the various important groups, such as the lead people of Suriname, and on 31 March 1982 ing religious groups, the Business Associa a new government was formed with H.