c)
violating Surinamese foreign currency laws by paying a portion of the
purchase price in foreign currency.
15.
The Petitioner was tried in the Court of Justice of Suriname between
January 2002 and November 2003. He was convicted of the crimes for which he was
indicted and sentenced to one year’s imprisonment. He was also banned from holding
public office for a period of three years. The Petitioner states that he has already
completed his prison sentence.
16.
According to the Petitioner, the Act was passed in October 2001 by
Suriname’s National Assembly to implement Article 140 of the 1987 Suriname
Constitution. This Article prescribes that political officials may be prosecuted for
'punishable acts' committed in the discharge of their duties.
17.
The Petitioner complains that the Act has been applied retroactively and
therefore he has been accused of offences that did not exist at the time of their alleged
commission. On this basis, the Petitioner launched multiple interlocutory objections
(November 11, 2002, April 16, 2003 and June 12, 2003) to the Court of Justice (during
his trial) that it lacked the legal or constitutional jurisdiction to try him. According to
the Petitioner, these objections were dismissed.
18.
The Petitioner contends that his right to a fair trial was unduly
prejudiced by adverse public comments by the current Suriname President (at a public
meeting in 2001); by members of Suriname's National Assembly; and by adverse
media coverage of his indictment and court proceedings.
19.
The Petitioner states in respect of this adverse publicity, that he also
made multiple objections to the Court, that this prejudiced his right to a fair trial and
that this publicity also violated his right to reputation and dignity.
20.
According to the Petitioner, the Court of Justice dismissed all of these
preliminary objections, and ultimately convicted and sentenced him for the offences for
which he had been charged.
21.
According to the Petitioner, Article 144 of Suriname's Constitution
prescribes the creation of a Constitutional Court but this body has not yet been
established. The Petitioner therefore claims that there are no further national judicial
remedies to exhaust. In response to the State’s contention that he could have invoked
Article 137 of the Suriname Constitution (to challenge his conviction), the Petitioner
contends that Article 137 may only be invoked before the Constitutional Court, which is
not yet in operation. Ultimately, the Petitioner claims that upon the dismissal of his
interlocutory objections, he effectively exhausted domestic remedies as there were no
other available means by which he could contest the jurisdiction of the High Court of
Justice to prosecute (and ultimately convict) him.
22.
The Petitioner also complains that he was prohibited from traveling out
of Suriname on January 3, 2003 by Suriname’s Military Police, without legal
justification in violation of his right to freedom of movement. He states that during the
preceding year, he had frequently traveled outside of Suriname for medical treatment
and had always returned. On January 3, 2003, while he was about to board a flight to
St. Maarten for a four-day trip, he was advised by an immigration official/Military
Police that the Acting Procurator General had given instructions for him (the petitioner)
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