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Separate Opinion of Judge A.A. Cançado Trindade in the Case of the Moiwana Community versus Suriname (Merits, Judgment of 15.06.2005)

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Chapter Summary

The present Judgment of the Inter-American Court of Human Rights in the case of the Moiwana Community versus Suriname, raises issues of great transcendence, from the juridical perspective. This chapter discusses the following points: mortality and its inescapable relevance to the living; the duties of the living towards their dead; and the duties towards the dead in the origins and development of international law and domestic law. The wide range of reparations ordered by the Court in the present Judgment in the Moiwana Community case appears well in keeping with the case-law of the Inter-American Court on the matter, which, has concentrated on, and enhanced the centrality of, the position of the victims, as well as on devising a wide range of possible and adequate means of redress. In the cas d'espèce, the collective memory of the Maroon N'djukas is duly preserved, against oblivion, honouring their dead.

Keywords: cas d'espèce; domestic law; Inter-American Court of Human Rights; Maroon N'djukas; Moiwana Community; Suriname

10.1163/9789004251038_040
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