32
to the effect that the Constitution did not grant it “jurisdiction for such purposes.”158 It is
clear that any state institution had to possess such jurisdiction in terms of Article 25 of the
Convention, if in the end, the authorities of Suriname eventually determine that the High
Court or the Constitutional Court or the ordinary tribunals has jurisdiction, this is a decision
that is in its power. Nevertheless, what is not permissible is the inexistence of any such
body that could have taken care of these allegations.
109. This idea became germane in the Judgment of the Inter-American Court because,
even though it was not determined that a violation of Article 25 of the American Convention
could have occurred, in the section on reparations of the Judgment, the Court did consider it
noteworthy to highlight, as the State itself recognized, the importance of the operation of
such institution, the creation of which is set forth in Article 144 of the Constitution of
Suriname. Such importance, determined the Inter-American Court in its Judgment, lies in
the role that a court of that nature plays in the protection of constitutional rights of the
citizens subject to its jurisdiction.159 This is consistent with the intent of the Inter-American
Court to establish an Inter-American standard of control for conformity with the Convention
so that controversies of this nature may be resolved by state authorities through effective
recourses at the domestic level.
110. In my opinion, had Mr. Alibux, at any moment, had access to a simple, prompt,
appropriate, and effective remedy before a judge or competent tribunal, 160 and had such
remedy been substantiated in accordance with the rules of the due process of law, 161 and
had, in conformance with Article 25(2)(a) and (b) of the American Convention, the
possibilities of judicial remedy been developed, 162 the controversies raised in this case
would have been resolved at the domestic level, and the violations of his rights been
promptly repaired and amended in domestic courts. In this manner, the instant case would
have never come to the attention of the Inter-American Court, since Mr. Alibux would have
never been placed in a situation of defenselessness in the absence effective judicial
remedies.163
2) The absence of an effective judicial remedy to hear the claims regarding conformity with
the Convention, constitutionality, and legality raised by Mr. Liakat Ali Alibux
111. On another note, Mr. Alibux argued to the High Court of Justice of his country,
among other things, that Article 140 of the Constitution and the Indictment of Political
Office Holders Act were inconsistent with Article 14(5) of the Covenant on Civil and Political
Rights and Article 8(2)(h) of the American Convention for creating a process in a single
158
Para. 122 of the Judgment.
159
Cf. Para. 151 of the Judgment.
160
Cf. Case of Velásquez Rodríguez V. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para.
63; and Case of Mejía Idrovo V. Ecuador. Preliminary Objections, Merits, Reparations and Costs. Judgment of July
5, 2011. Series C No 228, para. 91.
161
Cf. Case of Godínez Cruz V. Honduras. Preliminary Objections. Judgment of June 26, 1987. Series C No. 3,
para. 93, and Case of Mohamed V. Argentina. Preliminary Objection, Merits, Reparations and Costs. Judgment of
November 23, 2012. Series C No. 255, para. 82.
162
Cf. Case of Castañeda Gutman V. México. Preliminary Objections, Merits, Reparations and Costs.
Judgment of August 6, 2008. Series C No. 184, para. 78.
163
Cf. Case of the Constitutional Court V. Perú. Merits, Reparations and Costs. Judgment of January 31,
2001. Series C No. 71, para. 89; and Case of “Five Pensioners” V. Perú. Merits. Reparations and Costs. Judgment
of February 28, 2003. Series C No. 98, para.126.
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