4
IV
PROCEEDINGS BEFORE THE COURT
12.
On December 20, 2002, the Commission submitted the application to the
Court, which included documentary evidence and offered testimonial evidence (supra
paragraph 1). The Commission appointed Clare Kamau Roberts and Santiago A.
Canton as delegates, and Ariel Dulitzky as legal advisor. Following the preliminary
review of the application by the President of the Court (hereinafter “the President”),
the Secretariat of the Court (hereinafter “the Secretariat”) notified Suriname of the
application on January 17, 2003, and informed the State of the time limits for
answering the application and for appointing its representation in the proceeding.
Furthermore, the Secretariat, following instructions of the President, advised the
State of its right to appoint a Judge ad hoc to take part in the consideration of the
case. By the communications dated January 9, 2003, the Secretariat, pursuant to
Article 35(1)(d) of the Rules of Procedure, notified Maytrie Kuldip-Singh of Moiwana
’86 of the application. By the communications of the same date, the Secretariat,
pursuant to Article 35(1)(e) of the Rules of Procedure, notified Maytrie Kuldip-Singh,
Julie Ann Fishel, Fergus Mackay and Martin Misiedjan (hereinafter “the
representatives”) of the application. On March 3, 2003, the State appointed
Soebhascandre Punwasi as Agent and Armand van der Saan as Deputy Agent.
13.
On March 6, 2003, the State appointed Freddy Kruisland as Judge ad hoc for
the present case.
14.
After having been granted an extension, on May 1, 2003 the State submitted
its answer to the application, in which it also filed preliminary objections and
documentary evidence.
15.
Upon a request for information presented by the representatives on May 23,
2003, the Secretariat responded on May 26, 2003 that the deadline for submitting
their brief containing pleadings, motions and evidence had expired on February 17,
2003.
16.
On February 24, 2004, Harvard Law Student Advocates for Human Rights and
the Global Justice Center jointly submitted an amici curiae brief.
17.
On May 26, 2004, the Inter-American Commission submitted a brief in
response to the preliminary objections filed by the State (supra paragraph 14).
18.
On August 5, 2004, the President issued an Order, in which he requested,
pursuant to Article 47(3) of the Rules of Procedure, that Thomas S. Polimé, who was
proposed as an expert witness by the Commission, render his testimony by affidavit.
According to the terms of the Order, the affidavit was to be sent to the Court by
August 23, 2004, and subsequently was to be transmitted to the State and to the
representatives, to permit the submission of any pertinent observations.
Furthermore, the President convened the Commission, the representatives and the
State to a public hearing that would take place at the seat of the Court on
September 9, 2004, in order to hear their final oral arguments on preliminary
objections, possible merits, reparations and costs, as well as testimony from the
witnesses and expert witness indicated below (infra paragraph 21). Finally, the
President required the Commission, the representatives and the State to submit their
final written arguments on preliminary objections, possible merits, reparations and
costs no later than October 11, 2004.