10
Convention by the States Parties. Insofar as its own function is concerned, the Court considers
that what has already been stated in its case law is applicable to the instant case, namely that
the Court exercises full jurisdiction over all issues relevant to a case [. . .] [and] [i]n exercising these
powers, the Court is not bound by what the Commission may have previously decided; rather, its
authority to render judgment is in no way restricted. The Court does not act as a court of review, of
appeal or other similar court in its dealings with the Commission. Its power to examine and review all
actions and decisions of the Commission derives from its character as sole judicial organ in matters
concerning the Convention. (Velásquez Rodríguez Case, Preliminary Objections, Judgment of
June 26, 1987. Series C No. 1, para. 29; Fairén Garbi and Solis Corrales Case, Preliminary
Objections, Judgment of June 26, 1987. Series C No. 2, para. 34; and, Godínez Cruz Case,
Preliminary Objections, Judgment of June 26, 1987. Series C No. 3, para. 32.)
V
42.
In order for it to be able to adjudicate this case, the Court believes that the following facts
relating to "the detention and subsequent death of Choeramoenipersad (also known as Asok)
Gangaram Panday" in Suriname are in dispute and, accordingly, need to be reviewed and decided
upon:
a.
The alleged illegal and arbitrary detention of the victim by the Military Police of
Suriname upon his arrival from Holland at the Zanderij Airport on Saturday, November 5,
1988, where he was reportedly held in solitary confinement in a special area reserved for
deportees.
b.
The alleged torture of the victim during his detention.
c.
The death of the victim, allegedly by hanging, while in detention and under the
custody of the Surinamese Military Police.
VI
43.
As regards the detention of Asok Gangaram Panday, based on evidence which has not
been disputed by the parties, the Court considers that the following facts have been proved:
a.
That the victim arrived at Zanderij Airport, in Suriname, on Saturday, November 5,
1988, having embarked in Holland (cf. verbal note of the Permanent Mission of the
Republic of Suriname to the Organization of American States, issued in Washington, D.C.,
on May 2, 1989; the written complaint by Leo Gangaram Panday; the testimony of Messrs.
Leo Gangaram Panday and Dropati Gangaram Panday at the public hearing; the victim's
airline ticket; the annotation and stamp placed in the victim's passport by the authorities
of the Kingdom of the Netherlands; the report of the Military Police Corps of Suriname
signed by Achong J.G., Ensign of the Military Police, on November 17, 1988).
b.
That, upon his arrival at the airport, the victim was detained by members of the
Military Police, on the grounds that the reasons for his expulsion from Holland warranted
further investigation, and that he was then placed in a cell within a shelter for
deportees located in the Military Brigade at Zanderij (cf. the complaint of Leo Gangaram
Panday; the statement of the Government Agent in his counter-memorial; the report of
the Military Police Corps of Suriname signed by Achong J. G., Ensign of the Military Police
Corps; the report of proceedings drawn up by R. S. Wolfram, Police Inspector of the
Technical Service of Investigations and Inspections of Paramaribo, signed on November
15, 1988).