17 50. It is clear from the arguments of the parties that Mr. Alibux was the first individual indicted and convicted based on the procedure established in the IPOHA and Article 140 of the Constitution (infra para. 75). 51. Article 144 of the Constitution provides for the creation of a Constitutional Court. 65 Nevertheless, it has not been established to date. VII MERITS 52. Taking into consideration the rights of the Convention that have been argued in this case, the Court will carry out the following assessment: 1) the right to freedom from ex post facto laws; 2) the right to a fair trial [judicial guarantees] and in particular the right to appeal the judgment to a higher court; 3) the right to judicial protection, and 4) the right to freedom of movement, in particular the restriction of the right to leave the country of origin. VII-1 THE RIGHT TO FREEDOM FROM EX POST FACTO LAWS A. Arguments of the parties and of the Commission 53. The Commission stated that one of the main aspects of the norm established in Article 9 of the Convention is the predictability of the punitive response by the State in face of certain conduct. In this sense, the Commission noted that the European Court considers that to comply with the object and purpose of the norm, it is imperative to analyze if the existing legal framework complies with the requirements of forseeability and accessibility. Moreover, the Commission noted that the text of Article 9 of the Convention reflects that the objective of the principles of legality and non-retroactivity of the least favorable criminal committed or where the political officer holder or former political officer holder resides or is found. 2. The High Court of Justice decides in the first instance with three judges. 3. On appeal the High Court of Justice shall decide with an odd number of judges, however, at least with five at most with nine. Article 12 b. The provisions of the Code of Criminal Procedure in respect of the hearing of criminal cases shall be equally applicable to the proceedings of the criminal case in the first instance and on appeal of a political office holder or former political office holder. Article II of the amendment provides: An appeal can be lodged in accordance with the provisions of the Code of Criminal Procedures within three months after the coming into force of this act against a judgment given by the High Court of Justice prior to the coming into force of this Act in respect of punishable acts committed by a political office holder or former political office holder in the discharge of his official duties as intended in Article 140 of the Constitution.” 65 Article 144 of the Constitution of Suriname (attachments to the report on the Merits folios 139 and 140, and See http://www.thewaterfrontpress.com/grondwet.pdf): 1. There shall be a Constitutional Court which is an independent body composed of a President, Vice-President and three members, who - as well as the three deputy members - shall be appointed for a period of five years at the recommendation of the National Assembly. 2. The tasks of the Constitutional Court shall be: a. to verify the purport of Acts or parts thereof against the Constitution, and against applicable agreements concluded with other states and with international organization; b. to assess the consistency of decisions of government institutions with one or more of the constitutional rights mentioned in Chapter V. 3. In case the Constitutional Court decides that a contradiction exists with one or more provisions of the Constitution or an agreement as referred to in paragraph 2 sub a, the Act or parts thereof, or those decisions of the government institutions shall not be considered binding. 4. Further rules and regulations concerning the composition, the organization and procedures of the Court, as well as the legal consequences of the decisions of the Constitutional Court, shall be determined by law.