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accordance with Article 278, in relation to Articles 46, 47 and 72 of the Penal Code,86 and
sentenced to one year of imprisonment and disqualification from holding the office of
cabinet minister for a period of three years (supra para. 47).
73. In regard to the Commission’s argument that the IPOHA had wider and more
substantive effects, (supra para. 54), it is evident that the crime of forgery for which Mr.
Alibux was charged and convicted, as well as the establishment of the corresponding
penalty, were classified in Article 278 of the Penal Code of 1910, prior to the commission of
the offense. Moreover, Article 140 of the Constitution established the applicable procedural
provisions in the case, in the sense that political office holders would be subject to trial for
punishable acts that were committed in the discharge of their duties. Moreover, this article
established the way in which proceedings are initiated and that those who hold political
office would be prosecuted before the High Court of Justice following indictment by the
National Assembly. These regulations, particularly the constitutional provision, seek to
expressly establish the responsibility of high-ranking officials for the commission of criminal
acts. Mr. Liakat Alibux was a high-ranking government official during the period between
September 1996 to August 2000 (supra para. 32). The Court finds that these provisions
were established with sufficient notice and specification for Mr. Alibux to be fully aware of
the behaviors that could entail criminal responsibility while in the discharge of their duties.
Therefore, the crime for which Mr. Alibux was charged, was established by law, prior to the
commission of the criminal act.
74. Furthermore, in relation to the content of the IPOHA, the Court finds that this
regulation governed the preexisting procedure implemented in Article 140 of the
Constitution regarding the trial of high-ranking officials. In this way, it defined the persons
for whom the regulation applied (specific high-ranking officials), the power of the Procurator
General to present a request before the National Assembly to assess whether prosecution
should be considered in the public interest, from a political and administrative perspective
(supra para. 37), and if sufficient evidence exists, provide the Procurator General with
notice to initiate criminal proceedings. Therefore, in this case, being that the IPOHA governs
the regulation of the procedure, the right to freedom from ex post facto laws does not
apply, given that it did not affect the substantive nature of the crime that had been
previously provided by law or the scope of the severity of the penalty (supra paras. 69 and
70). The applicable law was properly accessible and foreseeable as the criminal classification
and the penalty were established by law in a clear, express, and prior manner, and thus
there was no violation of the Convention when the law that regulated the procedure was
applied immediately after its entry into force.
75. In regard to the Commission’s argument that the IPOHA “was intended to regulate a
constitutional provision with the purpose of allowing, for the first time, the prosecution of
such officials,” the Court notes that which was expressed by the State in regard to the
prosecution of other political office holders in Suriname in 1977 and 2008, for crimes
committed in the discharge of their duties (supra para. 57). Notwithstanding the foregoing,
this Court does not have sufficient evidence to confirm the type of procedures and sanctions
against high-ranking officials that have been carried out in Suriname or the law by which
they were prosecuted. However, the Court considers that the fact that high-ranking officials
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Article 278 of the Act of October 14, 1910 established the Penal Code of Suriname (G.B. 1911 No. 1) defines
the crime of forgery. Article 278 (forgery): “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.”