38
for conformity with the Convention. In this sense, the Court recalls that the obligation to
monitor the compliance between domestic legislation and the American Convention is
delegated to all bodies of the State, including its judges and other mechanisms related to
the administration of justice at all levels.
C.
Conclusion
125. Based on all the foregoing, the Court concludes that the State of Suriname did not
autonomously violate the right to judicial protection set forth in Article 25 of the American
Convention, to the detriment of Mr. Liakat Ali Alibux.
VII-4
THE RIGHT TO FREEDOM OF MOVEMENT124
A.
Arguments of the parties and of the Commission
126. The Commission argued that while it is true that it is the State’s prerogative whether
to impose legal restrictions on the exercise of freedom of movement under certain
circumstances, it also has an obligation to rely on clearly defined law when establishing the
exceptional circumstances that justify the restriction to travel abroad on Mr. Alibux, which
was not demonstrated. Moreover, the State also did not establish that the restriction was
necessary to prevent the alleged victim from fleeing while the legal proceeding took place.
Lastly, the State did not demonstrate that the restriction was imposed in a proportionate
manner, that is, that the measure was the most appropriate and least restrictive means of
ensuring that Mr. Alibux would not abscond during the course of the criminal proceedings.
Therefore, the Commission found that the State violated the right to freedom of movement
of the alleged victim in accordance with the provisions of Article 22 of the American
Convention.
127. The Legal Representative agreed with the Commission and added in the public
hearing that he was unaware that the restriction had been imposed.
128. The State argued that under Article 146125 of the Political Constitution; 3,126 134,127
and 136128 of the Code of Criminal Procedure, the Procurator General was authorized to
prevent Mr. Alibux from leaving the country in January 2003. This restriction was not
established for an indefinite period of time and its purpose was to prevent the alleged victim
124
Article 22(1). Every person lawfully in the territory of a State Party has the right to move about in it, and to
reside in it subject to the provisions of the law.
125
Article 146 Paragraph 2 of the Constitution reads as follows: "The Prosecutor General represents the
Republic of Suriname in court. He is the head of the Public Prosecutions Department and is at the same time in
charge of the court police. He has the powers to give the officers who are entrusted with police tasks instructions
for the prevention, detection and investigation of punishable acts, if he deems that necessary in the interest of
good justice” (case file of Merits, f.452).
126
Article 3 of the Code of Criminal Procedure reads: "The Prosecutor General watches over the appropriate
prosecution of criminal offences. For that purpose he gives instructions to the members of the Public Prosecutions
Department" (case file of Merits, f. 452).
127
Article 134 of the Code of Criminal Procedure reads: "With the investigation of criminal offences is charged:
1. The Prosecutor General and other members of the Public Prosecutions Department; 2. The District
Commissioners; 3. The police officers; 4. The extraordinary police officers, if and insofar as they have been
designated to do so by the Minister of Justice and Police” (case file of Merits, f. 452).
128
Article 136 of the Code of Criminal Procedure reads: "The Prosecutor General and other members of the
Public Prosecutions Department shall give instructions to other persons charged with the investigation” (Merits, f.
453).