8
declared a violation of Article XVIII of the Declaration; thus, it could not
conclude that a violation of Articles 8 and 25 of the Convention took place.
Arguments of the Commission
35.
With regard to the State’s preliminary objection concerning the Tribunal’s lack
of jurisdiction ratione temporis, the Inter-American Commission contended that:
a)
this objection to admissibility is “extemporaneous”; it was not until
after the Commission adopted Merits Report No. 35/02 that the State
contested the American Convention’s applicability to the present case;
b)
because the State raised its admissibility challenges outside of the
procedural opportunities provided to the parties litigating before the
Commission, the petitioners had no opportunity to respond within the context
of those proceedings;
c)
if the State is arguing that the Commission should have adopted two
separate sets of admissibility and merits reports – one concerning claims
under the Declaration and the other concerning claims under the Convention
– it cites no legal support for such a position. Neither the Convention, nor the
Commission’s Statute or Rules of Procedure require such a process, and the
principle of procedural economy weighs against it;
d)
while the State contends that it has effectively been treated as a State
Party to the Convention with respect to the entirety of the claims presented in
the present case, both the admissibility and merits reports demonstrate that
only claims relating to the alleged ongoing denial of justice were addressed
under the American Convention. The claims involving the alleged attack and
related violations completed on November 29, 1986 were dealt with only
under the American Declaration;
e)
the Commission is not requesting that the Court apply legal norms or
jurisdiction retroactively; the Court has full jurisdiction over all acts and
omissions subsequent to November 12, 1987; and
f)
to the extent that the State wishes to controvert the factual and legal
basis upon which the Commission grounded its Merits Report No. 35/02 and
its subsequent application before the Court, those are issues that should be
addressed at the merits phase of the proceedings.
Arguments of the representatives
36.
The representatives argued in relation to the State’s ratione temporis
preliminary objection that:
a) the violations alleged before the Court either took place subsequent to
Suriname’s ratification of the American Convention and acceptance of the
Court’s jurisdiction or are of a continuing nature;
b)
the denial of justice alleged in this case is specifically linked to
Suriname’s acts and omissions occurring in 1989, 1992, 1993, 1995 and
1997, and continues to the present day;