11 VI FACTS 32. Liakat Ali Alibux was born in Paramaribo on November 30, 1948 and is a sociologist. He served as Minister of Natural Resources from September of 1996 to August of 2000. From December of 1999 to August of 2000, he was the Minister of Finances. Previously, he held several positions in public service.28 33. Between June and July 2000, Mr. Alibux, acting as Minister of Finance, purchased 1,292.62 m2 of property located in Grote Combéweg, Paramaribo, valued at the equivalent of U.S. $900,000.00 (nine hundred thousand dollars of the United States of America), for the Ministry of Regional Development.29 Mr. Alibux resigned from his ministerial post in August of 2000, when President Venetiaan replaced President Jules Wijdenbosch. 34. Between April and August of 2001, the police conducted a preliminary investigation against Mr. Alibux and three other persons in connection with the suspected commission of two counts of forgery for the alleged preparation of a proposal letter to the Council of Ministers concerning the purchase of the property because of the urgent need to expand the office space of the Ministry of Regional Development and the supposed elaboration of a decision of the Council of Ministers approving the sum of U.S. $ 900,000.00 (nine hundred thousand dollars of the United States of America) to purchase it;30 the alleged commission of a crime of fraud31 for the personal benefit or third-party benefit from the disbursement of U.S. $ 900,000.00 (nine hundred thousand dollars of the United States of America) by the Central Bank of Suriname, and one count of a violation of the Foreign Exchange Law for allegedly making a payment in foreign currency to a resident of Suriname through the sale of the property without the authorization of the Foreign Exchange Commission of Suriname.32 During the preliminary investigation, Mr. Alibux testified on April 6, 2001 and August 6, 2001,33 and stated, inter alia, that: a) he followed a suggestion of the Vice28 Cf. Provision of Record of Service of July 11, 2005 (case file of proceedings before the Commission, folios 280 to 284). Moreover, on January 14, 1974, he has named sociologist at the Ministry of Social Affairs; between October 22 1980 and March 30, 1982, he has Minister of Social Affairs and Public Housing; on October 27, 1982, he was named First class Senior Public Official at the Ministry of General Affairs; on June 26, 1985, he was named the Extraordinary and Pelinipotentiary Embassador to Brazil. 29 Cf. Judgment of the High Court of Justice of November 5, 2003 (attachments to the report on the Merits, folio 167, and case file of proceedings before the Commission, folio 263-264). 30 Cf. Order to initiate the preliminary inquiry of January 28, 2002 (processing before the Commission, folios 263 and 264) Article 278 of the Penal Code of Suriname 1910: “A person who falsifies or falsely produces a written document which establishes a right, an obligation or liberates any debt, or which is intended to constitute evidence of a fact, with intent to use or have it used by a third party as real and not falsified, shall be punished for forgery with a maximum prison sentence of five years, if the use of this document could cause a disadvantage. The same penalty shall be imposed on any person who uses false or forged documents as if real and not falsified, if such use could cause a disadvantage.” (unofficial translation: http://www.wipo.int/wipolex/es/text.jsp?file_id=209840#LinkTarget_1694). 31 Cf. Order to Initiate the Preliminary Inquiry of January 28, 2002 (case file of proceedings before the Commission, folios 263 and 264) Article 386 of the Penal Code of Suriname 1910: “A person who for personal benefit or a third party benefit in an unlawful manner – adopts a false name or condition by way of deceit or fabrications – leading someone to deliver property, to borrow funds, or to cancel a debt, shall be punished with a prison sentence of up to three years for the crime of fraud.” (unofficial translation: http://www.wipo.int/wipolex/es/text.jsp?file_id=209840#LinkTarget_1694). 32 Cf. Article 14 of the Act on Ecnomic Offenses. Order to Initiate a Preliminary Inquiry on January 28, 2002 (case file of proceedings before the Commission, folios 263 and 264); Official letter PG 1184/01. Letter sent to the Procurator General of the Republic to the President of Suriname on August 9, 2001 (case file of proceedings before the Commission, folio 268); Judgment of the High Court of Justice of November 5, 2003 (attachments to the report on the Merits, folios 172 to 179), 33 Cf. Brief of the State filed before the Commission on July 18, 2005 (attachments to the report on the Merits, folio 104).