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alleged violations that took place subsequent to November 12, 1987, which need not
be specified here, it is clear that they fall within the Inter-American Court’s
jurisdiction.
44.
Consequently, the instant preliminary objection is dismissed on the grounds
set out above.
SECOND PRELIMINARY OBJECTION
The petitioners failed to exhaust domestic remedies as required by the
American Convention and the Inter-American Commission’s Rules of Procedure
Arguments of the State
45.
The State argued the following regarding the non-exhaustion of domestic
remedies:
a)
although specific remedies that apply to this case exist in Suriname,
the petitioners have neglected to invoke and/or exhaust them. Furthermore,
the petitioner has the burden of proof to show that specific remedies were
exhausted or that they fall within the exception established in Article 37(2) of
the Commission’s Rules of Procedure;
b)
Suriname has not waived its right to argue non-exhaustion of domestic
remedies as grounds for inadmissibility; in May 2002, the State acted in a
timely fashion regarding this issue;
c)
adequate and effective local remedies are provided for in the State’s
Civil Code, its Code of Civil Procedure and its Code of Criminal Procedure;
d)
in the instant case, the petitioner had the opportunity to commence
criminal proceedings and a civil action on the basis of the alleged violations;
e)
pursuant to Article 1386 of the Civil Code, the State can be sued for
damages caused by its wrongful acts. This would have been the most
effective legal remedy in Suriname to obtain compensation; however, the
petitioners did not litigate under Article 1386; they only opted for the criminal
prosecution of those responsible;
f)
the Commission has not acknowledged that a civil action was in fact
available and that the petitioners did not exhaust this remedy; nor did it show
how the said civil remedy was not effective; and
g)
the petitioners cannot argue that they have been denied access to the
national judicial authorities; a delay in the legal process cannot be alleged
either, since the petitioners did not make use of the range of domestic legal
remedies available.