evaluation of this
Commission.”5
5.
matter
“falls
outside
the
competence
of
your
Honorable
Delay in criminal proceedings/ violation of Article 25
36.
The State rejects the Petitioner’s claim that the trial proceedings were
unduly delayed, claiming that the Petitioner himself was “summoned several times and
he did not appear in court or could not be reached.” The State further contends that
the petitioner “reported ill more often (sic) at the Trial”, and that the “lawyers also
have reported ill from time to time and asked for postponement of the
Trial.” Essentially, the State contends that the length of the proceedings are
attributable to the conduct of the petitioner, and not to the State.
IV.
ANALYSIS OF ADMISSIBILITY
A.
The Commission’s competence ratione personae, ratione loci, ratione
temporis and ratione materiae
37.
Upon considering the record before it, the Commission considers that it
has the competence ratione personae to entertain the claims in the present
petition. Suriname is party to the American Convention, having deposited its
instrument of accession thereto on November 12, 1987. The Petitioner has locus
standi to submit petitions to the IACHR, in accordance with Article 44 of the
Convention. The petition identifies as the alleged victim Mr. Alibux, a person, whose
rights under the Convention the State of Suriname is committed to respect and ensure.
38.
The Commission has competence ratione loci to take cognizance of this
petition, since it alleges violations of rights guaranteed by the American Convention
that purportedly occurred in the territory of a State party.
39.
The Commission has competence ratione temporis, since the events
alleged in the petition took place at a time when the duty to respect and ensure the
rights enshrined in the Convention was in force for the State.
40.
Finally, the Commission has competence ratione materiae, since the
petition alleges violations of human rights protected by the American Convention.
41.
Accordingly, the Commission finds that it is competent to address the
claims raised in the petition.
1.
Exhaustion of domestic remedies
42.
Article 46(1)(a) of the Convention provides that the admissibility of a
petition submitted to the Commission is subject to the requirement that remedies
within the domestic jurisdiction be exhausted, in accordance with generally recognized
principles of international law. The preamble to the Convention states that it grants
international protection to support or complement the protection provided by a State’s
domestic laws.6 The rule of prior exhaustion of domestic remedies allows the State to
resolve the problem according to its internal law before facing an international
proceeding, which is particularly valid in the international jurisdiction of human rights.
5 Id.
6 See second paragraph in fine of the Preamble to the American Convention.
7