139 Documents Inter-American Court of Human Rights Aloeboetoe Et Al
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139 Documents Inter-American court of human rights * Aloeboetoe et al. case COMPENSATORY DAMAGE (ART.63.1 AMERICANCONVENTION ON HUMANRIGHTS) JUDGMENTOF SEPTEMBER10, 1993 In the Aloeboetoe et al. case, The Inter-American Court of Human Rights, composed of the following judges: Rafael Nieto Navia, President Sonia Picado Sotela, Vice President Hector Fix-Zamudio, Judge Julio A. Barberis, Judge Asdrdbal Aguiar-Aranguren, Judge Ant6nio A. Canqado Trindade, ad hoc Judge Also present: Manuel E. Ventura Robles, Secretary and Ana Maria Reina, Deputy Secretary renders the following judgment pursuant to Article 44.1 of the Rules of Procedure of the Inter-American Court of Human Rights (hereinafter "the Rules"), in force for matters submitted to the Court for consideration prior to July 31, 1991, on the action initiated by the Inter-American Commission on Human Rights (hereinafter "the Commission") against the Republic of Suriname (hereinafter "the Government" or "Suriname") and in fulfillment of the decision of December 4, 1991 (Case of Aloeboetoe and others, Judgment of December 4, 1991. Series C N° II). 1. The present case was submitted to the Inter-American Court of Human Rights (hereinafter "the Court") by the Commission on August 27, 1990 in a note attached to report 03/90, and originated in petition N° 10, 150 of January 15, 1988 against Suriname. The Commission declared in its report that "the Government of Suriname violated Articles 1, 2, 4(1), 5(2), 7(1), 25(1), and 25(2) of the American Con- * Please note that this unofficialtranslation has been slightly altereddue to grammatical considerations. 140 vention on Human Rights" (hereinafter "the Convention" or "the American Convention"), and accordingly requested that the Court rule on this case pursuant to the provisions of the Conven- tion, that it determine responsibility for the violation indicated and that it award fair compensatory damages to the victim's next of kin. 2. The Commission presented its brief on April 1, 1991. The events complained of in the petition allegedly occurred on December 31, 1987 in Atjoni (a village in Pokigron, in the Sipaliwini District) and in Tjongalangapassi, Brokopondo District. In Atjoni, over 20 maroons (bush- negroes), all males and unarmed, were attacked, mistreated and beaten with gun butts by a military group, and some of them were wounded with bayonets and knives and held on suspicion that they were members of the subversive group, Jungle Commando. There were allegedly some 50 witnesses. 3. According to the petition, all of those involved denied they were members of the Jungle Commando. The captain of the village of Gujaba explicitly informed the commanding officer in charge of the soldiers that the maroons were civilians from the neighboring villages, but the officer ignored the infor- mation. 4. The petition states that the soldiers allowed some of the maroons to con- tinue on their way, but seven of them, one a youth of 15, were dragged blindfolded into a military vehicle and taken through the Tjongalangapassi heading for Paramaribo. The names of the persons the soldiers took away, where they came from, and their date of birth, when known, are as follows: Daison Aloeboetoe, of Gujaba, bom June 7, 1960; Dedemanu Aloeboetoe, of Gujaba; Mikuwendje Aloeboetoe, of Gujaba, bom February 4, 1973; John Amoida, of Asindonhopo (who was living in Gujaba); Richenel Voola, alias Aside or Ameikanbuka, of Grantatai (who was found alive); Martin Indisie Banai, of Gujaba, bom June 3, 1955' and Beri Tiopo, of Gujaba (see infra pars. 65 and 66). 5. The petition goes on to say that at kilometer 30 the vehicle stopped and the soldiers ordered the victims to begin digging. One maroon - Aside - was wounded when he tried to escape, but they did not go after him. The remaining six maroons were killed. 6. The petition states that on Saturday, January 2, 1988, the men of Gujaba and Grantatai left for Paramaribo to ask the authorities for information about the seven victims. They went to the Coordinator of the Interior at Volksmo- .