9
c)
the alleged violation of Article 2 of the American Convention is related
to acts and omissions occurring in 1992, when the “Amnesty Act 1989” was
enacted, and in 1993, when State agents allegedly invoked the “Amnesty Act
1989” as grounds for discontinuing the preliminary investigation into the
massacre at Moiwana Village;
d)
the alleged violations of Article 5 of the Convention are associated with
the massacre itself and are of a continuing nature, “and are also distinct and
cumulative violations connected with the denial of justice and other acts and
omissions that post-date the State’s acceptance of the Court’s jurisdiction”;
e)
the alleged violation of Article 21 of the American Convention is of a
continuing nature and therefore attributable to Suriname subsequent to its
acceptance of the Court’s jurisdiction; and
f)
whereas the alleged violations that were completed on November 29,
1986 are not before the Court, the massacre constitutes a grave and
systematic violation of a series of fundamental norms of international law that
are nonetheless highly relevant to determining the nature and extent of
Suriname’s responsibility for the denial of justice under the American
Convention, as well as the nature and extent of the measures required to
remedy those violations.
The Court’s Assessment
37.
The State’s central defense in the case sub judice consists in its rejection of
the Court’s ratione temporis jurisdiction. Suriname contends that the violations
alleged by the Commission and the representatives originate in events that occurred
in November of 1986, one year prior to its accession to the American Convention and
its recognition of the Court’s jurisdiction. According to the State, therefore, the
terms of its international responsibility during 1986 would be defined exclusively by
the American Declaration, thus prohibiting the Court from exercising jurisdiction in
the instant case. Similarly, the State maintains that any violation declared by the
Tribunal with regard to the facts at issue would necessarily require an ex post facto
application of the Convention.
38.
As indicated previously, on November 12, 1987 Suriname recognized the
competence of the Court (supra paragraph 4), pursuant to Article 62 of the
Convention, without any express limitations. Thus, the State recognized as binding
and as not requiring any special agreement the Court’s jurisdiction on all matters
relating to the interpretation and application of the Convention. In light of the
nature of the present preliminary objection, it is necessary to refer to Article 28 of
the Vienna Convention on the Law of Treaties of 1969,1 which provides:
[u]nless a different intention appears from the treaty or is otherwise
established, its provisions do not bind a party in relation to any act or fact
1
Cf. Case of the Serrano-Cruz Sisters. Preliminary Objections. Judgment of November 23, 2004.
Series C No. 118, para. 64; Case of Alfonso Martín del Campo-Dodd. Preliminary Objections. Judgment of
September 3, 2004. Series C No. 113, para. 68; and Case of Cantos. Preliminary Objections. Judgment of
September 7, 2001. Series C No. 85, para. 35.