21
69.
Given its relevance to the adjudication of the present case and pursuant to Article
45(1) of the Court’s Rules of Procedure, and upon a request made by the Commission, the
Tribunal hereby incorporates into the present body of evidence the transcript of the expert
opinion rendered by Dr. Richard Price during the public hearing held on July 7, 1992 in the
case of Aloeboetoe et al. v. Suriname.55
70.
The State objected to the statement provided by Mr. Peter Poole during the
proceedings before the Commission because “[t]he research was done without the approval
of authorities in Suriname.” Additionally, the State noted that it was not present at the
March 2004 hearing before the Commission and that the items of evidence produced at the
hearing were not sent to it. Thus, Suriname argued that said evidence should not be
admitted in accordance with Article 44(2) of the Court’s Rules of Procedure. The State also
objected to the statement made by Ms. Mariska Muskiet before the Commission, asserting
that “this information was not submitted to the State during the proceedings before the
Commission” and that “[Ms. Muskiet] does not qualify […] as an expert in the field of
property law in Suriname and/or land rights of indigenous and maroons in Suriname.” The
Tribunal observes that, although the State was not present when Mr. Poole and Ms. Muskiet
testified during the Commission’s proceedings, both experts provided declarations during
the proceedings before this Tribunal, and the State was afforded the right to defend itself
and present observations to both declarations.
Furthermore, Suriname failed to
demonstrate why Ms. Muskiet, who is a university professor and teaches property law, is
not qualified to provide expert testimony regarding Surinamese property law. Thus, the
Court admits this evidence, taking into consideration the State’s observations, and will
assess its probative value according to the rules of sound criticism and the body of evidence
in the case.
71.
In addition, the State objected to the statements made by Dr. Richard Price before
the Commission, claiming that his declaration “is totally outdated”. The Court, however,
admits this evidence, taking into consideration the State’s observations, and will assess its
probative value according to the rules of sound criticism and the body of evidence in the
case.
72.
The Court observes that the State submitted further documentary evidence along
with its additional written pleading pursuant to Article 39 of the Court’s Rules of Procedure.
Specifically, the State presented documents identified as “Bulletin of Acts and Decrees of
the Republic of Suriname –SB 2003 #07-”, “An Analysis of Land Rights of the Indigenous
Peoples and Maroons in Suriname. Adoption of Legislation in Suriname by Amazon
Conservation Team”, “Current status of timber concessions situated in the claimed area of
the Saramaka Lö’s”, and “Transmigration”. Similarly, the representatives presented further
documentary evidence with their observations to the State’s additional written brief, which
included the 2004 Final Report of the United Nations Special Rapporteur on indigenous
peoples’ permanent sovereignty over natural resources, and excerpts of a March 2007
United Nations Economic Commission for Latin America and United Nations Development
Programme report.
73.
The Court finds that the aforementioned documents submitted by the State and the
representatives, which have not been challenged and the authenticity of which has not been
questioned, are useful and relevant; therefore, the Court incorporates them into the body of
evidence, pursuant to Article 45(1) of the Rules of Procedure.
55
Case of Aloeboetoe et al. v. Suriname. Merits. Judgment of December 4, 1991. Series C No. 11.
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