22
74.
Furthermore, the State attached an expert opinion on “Permanent sovereignty over
natural resources and indigenous peoples” by Nico. J. Schrijver, as an annex to its final
written arguments. The Court notes that the State did not offer said evidence in a timely
fashion and that neither the Tribunal nor the President ordered the submission of said
evidence. Consequently, pursuant to Article 44(3) of the Court’s Rules of Procedure, the
Tribunal does not admit said evidence.
75.
The representatives also submitted additional evidence with their final written brief,
specifically, the receipts enumerating the costs incurred by the Association of Saramaka
Authorities. Because the Court finds these documents germane to deciding the costs in the
present case, 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, pursuant to Article 45(1) of the Court’s Rules of
Procedure.
76.
Having examined the evidentiary elements that have been incorporated into the
present case, the Court will proceed with its analysis of the alleged violations of the
American Convention in light of the facts that the Court deems proven, as well as the
parties´ legal arguments.
VII
NON-COMPLIANCE WITH ARTICLE 256 (DOMESTIC LEGAL EFFECTS), AND VIOLATION OF ARTICLES
357 (RIGHT TO JURIDICAL PERSONALITY), 2158 (RIGHT TO PROPERTY) AND 2559 (RIGHT TO
JUDICIAL PROTECTION) OF THE AMERICAN CONVENTION, IN RELATION TO ARTICLE 1(1)60
(OBLIGATION TO RESPECT RIGHTS) THEREOF
77.
In light of the interrelatedness of the arguments submitted to the Court in the
present case, the Tribunal will address in a single chapter the alleged non-compliance with
Article 2, and violations of Articles 3, 21, and 25 of the Convention. Accordingly, the Court
will address the following eight issues: first, whether the members of the Saramaka people
make up a tribal community subject to special measures that ensure the full exercise of
their rights; second, whether Article 21 of the American Convention protects the right of the
members of tribal peoples to the use and enjoyment of communal property; third, whether
the State has recognized the right to property of the members of the Saramaka people
derived from their system of communal property; fourth, whether and to what extent the
56
Article 2 establishes that: “[w]here the exercise of any of the rights or freedoms referred to in Article 1 is
not already ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance with
their constitutional processes and the provisions of this Convention, such legislative or other measures as may be
necessary to give effect to those rights or freedoms.”
57
Article 3 establishes that: “[e]very person has the right to recognition as a person before the law.”
58
Article 21 establishes, inter alia, that: “1. Everyone has the right to the use and enjoyment of his
property. The law may subordinate such use and enjoyment to the interest of society. 2. No one shall be deprived
of his property except upon payment of just compensation, for reasons of public utility or social interest, and in the
cases and according to the forms established by law.”
59
Article 25 establishes that: “1. Everyone has the right to simple and prompt recourse, or any other
effective recourse, to a competent court or tribunal for protection against acts that violate his fundamental rights
recognized by the constitution or laws of the state concerned or by this Convention, even though such violation
may have been committed by persons acting in the course of their official duties. 2. The States Parties undertake:
a. to ensure that any person claiming such remedy shall have his rights determined by the competent authority
provided for by the legal system of the state;
b. to develop the possibilities of judicial remedy; and
c. to ensure that the competent authorities shall enforce such remedies when granted.”
60
Article 1(1) establishes that: “[t]he States Parties to this Convention undertake to respect the rights and
freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of
those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or
other opinion, national or social origin, economic status, birth, or any other social condition.”
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