43
mutatis mutandis during the substantiation of a process of appeal, and that this judicial
mechanism constitutes a sufficient guarantee for a fair trial. Regarding the establishment of
a Constitutional Court, the State indicated that Article 144 of the Constitution provides the
constitutional basis for the creation of a Constitutional Court and that the State has already
furnished the instructions necessary to make the Constitutional Court an operational
institution.
150. Notwithstanding the violations declared in this Judgment, the Court considers that it
has been demonstrated that the domestic regulations in Suriname were amended on August
27, 2007, and that, since its entry into force on August 28 of the same year, high-ranking
officials have a process by which to file an appeal, thereby annulling the criminal
proceedings in the first instance brought against high-ranking officials for crimes committed
in the discharge of their official capacity which had previously existed. The Court takes note
of and values the adoption of the foregoing amendment and, as such, does not deem it
appropriate to order any measure of reparation in this regard.
151. Furthermore, the Court has not established the international responsibility of the
State for the violation of the right to judicial protection under Article 25 of the Convention
(supra para. 124) due to the reason that, to date, the Constitutional Court is not in
operation. In light of this, the Court will not order any measure of reparation in this regard.
Nevertheless, as the State itself recognized (supra para. 149), the Court considers it
noteworthy to highlight the importance of the operation of such institution, the creation of
which is set forth in Article 144 of the Constitution. Such importance lies in the role that a
court of that nature plays in the protection of constitutional rights of the citizens subject to
its jurisdiction. Notwithstanding the foregoing, the Court reiterates the obligation to exercise
an ex officio “control for conformity with the Convention” between domestic law and the
American Convention. This obligation is delegated to all bodies of the State, including its
judges and other bodies involved in the administration of justice at all levels (supra para.
124).
D.
Compensation
152. The Court takes into consideration that, in general, the Commission requested the
“[d]isposition of adequate reparations in favor of Mr. Alibux for the violations declared in the
[R]eport [on the Merits].” The State noted that Mr. Alibux is not entitled to any type of
reparation because Suriname did not violate any of the rights alleged. Moreover, it indicated
that in the event the Court decided to recognize the violation of any of the rights allegedly
violation, under no circumstances should it declare a monetary compensation to the
petitioner.
D.1 Pecuniary damage
153. The Court has stated in its jurisprudence on the concept of pecuniary damages and
the circumstances under which compensation is appropriate. This Court has established that
pecuniary damages involve “the loss of or detriment to the victims’ income, the expenses
incurred as a result of the facts, and the monetary consequences that have a causal nexus
with the facts of the case sub judice.”145
145
Cf. Case of Bámaca Velásquez V. Guatemala. Reparations and Costs. Judgment of February 22, 2002. Series
C No. 91, para. 43, and Case of García Cruz and Sánchez Silvestre. Merits, Reparations and Costs. Judgment of
November 26, 2013. Series 273, para. 212.