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Aloeboetoe et al. Case, Order of the Court of February 5, 1997, reprinted in 1997 Annual Report of the Inter-American Court of Human Rights [95], OEA/Ser.L/V/III.39, doc. 5 (1998).



 

 

 

HAVING SEEN:

1.             The Judgment of the Inter-American Court of Human Rights (hereinafter "the Court" or "the Inter-American Court") of September 10, 1993 on reparations in the case of Aloeboetoe et al. against the Government of Suriname (hereinafter "the Government" or "Suriname".)

2.             The Report from the Aloeboetoe et al. Foundation (Stichting Beheer Fondsen Aloeboetoe e. a. hereinafter "the Foundation"), in which reference was made to the Government's compliance with that Judgment between September 1993 and December 31, 1994.

3.             The communication submitted by the Government on July 6, 1995 in which it declared that it had paid the amount of US$ 453,102 to the victims' relatives and that it had complied with the other operative paragraphs of that Judgment.

4.             The letters of October 24 and 26, 1995, from the Inter-American Commission on Human Rights (hereinafter "the Commission" or "the Inter-American Commission"), submitting its comments on the Government's execution of the Judgment of September 10, 1993.  In both communications the Commission claimed, on the basis of a letter from the Foundation, that the Judgment had not been fully executed.  However, the Foundation, in its report of December 14, 1995, alluding to the Commission's comments, declared that it considered the Government to have complied with the Judgment.

5.             The report of the Commission of January 31, 1996, in which it declared its overall satisfaction with "the overall status of compliance in this Case," but considered it necessary for the Court to refrain from closing the case in order "to ensure the ongoing compliance with [the non-pecuniary aspects of] its Judgment."

6.             The letters from the President of the Court of February 3, May 30 and October 7, 1996, to the parties to the case and to the Aloeboetoe Foundation, in which he stated that the Court was considering closing the case but that it had "decided to [first] request the Illustrious Government of Suriname to submit to the Court its observations" on the Government's compliance with the Judgment of the Court.

7.             The letter from the Foundation of June 6, 1996, reporting on the current situation of the school and clinic located in Gujaba, in connection with the Government's compliance with the Judgment of the Court.

8.             The Commission's communication of June 21, 1996, in which it reiterated "its great satisfaction with the overall status of compliance in this case.  However, the Commission continues to have concerns about the non-pecuniary reparations required by the Court" and therefore requested "the Honorable Court continue to retain its jurisdiction in this matter."

9.             The 1995 Annual Report from the Foundation, dated September 4, 1996 and received on October 2, 1996, in which it stated that the Government had discharged the pecuniary reparations ordered by the Court and that "the school was open during the school year 94/95 with an enrollment of 183 pupils ranging from 6 to 14 year of age" and that the establishment had five teachers all of whom lived in the village.  It further declared that "the dispensaries were in full operation during the reporting year [and there is] one health assistant, who also lived in the village."  That report was transmitted to the Commission for its comments, but no reply has been forthcoming to date.

CONSIDERING:

1.             That, according to the information supplied by the Commission, the Government and the Foundation, the Government of Suriname has paid the sum of US$ 453,102 to be handed over by the Foundation to the relatives of the victims, in compliance with operative paragraphs 1, 2 and 3 of the Judgment of the Court of September 10, 1993.

2.             That the information received from the parties and the Foundation indicates that the Government has made the contribution of funds to the Foundation for its operations, as ordered in operative paragraph 4 of the Judgment of the Court of September 10, 1993.

3.             That, according to the information received from the parties and the Foundation, the Government repaired and reopened the school located in Gujaba, staffed it with teaching personnel, and made the medical dispensary already in place in Gujaba operational, in accordance with operative paragraph 5 of the Judgment of the Court of September 10, 1993.

4.             That Article 3(k) of the Statutes of the Foundation requires that it submit "annual reports to the Court on management and the yield of the accounts.  Economic and financial data on the evolution of the trust funds are to be enclosed [thereto]."

5.             That, in accordance with the above, the Court considers that the Government of Suriname has fulfilled the stipulations of the Judgment of September 10, 1993 in the Aloeboetoe et al. Case.

NOW, THEREFORE:

THE INTER-AMERICAN COURT OF HUMAN RIGHTS,

in exercise of the authority conferred on it in Article 29 of its Rules of Procedure,

DECIDES:

1.             To declare that the Government of Suriname has satisfactorily complied with the Judgment of the Inter-American Court of Human Rights of September 10, 1993 in the instant Case.

2.             To close the Aloeboetoe et al. Case.

3.  That, inasmuch as the Government has ongoing obligations to fulfill, the Court reserves the right to reopen the case should the circumstances so warrant.

 



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