7
remedies that must be exhausted, and prove that those remedies were available and are
adequate, appropriate, and effective.10
16. In that sense, when alleging the failure to
indicate, at the proper procedural moment, the
effectiveness.11 In this regard, it is not the duty
ex officio the domestic remedies that have not
that it is not up to the international bodies
arguments.12
exhaust domestic remedies, the State must
remedies that must be exhausted and their
of the Court, or the Commission, to identify
yet been exhausted. The Court emphasizes
to remedy the imprecision in the State’s
17. With regard to the filing of the initial petition before the Commission, this Court finds
that, indeed, the alleged victim sent the document on August 22, 2003, and that by that
date, no final judgment had been issued in the criminal proceedings which had started
against him, which was issued on November 5, 2003. On the other hand, although the initial
petition was received on August 22, 2003, it was not until April 18, 2005, that the
Commission forwarded the pertinent parts of the petition of the alleged victim to the State.
On July 18, 2005, the State argued that the case had been submitted prior to the adoption
of a final decision from the High Court of Justice.13 Lastly, the Admissibility Report was
issued on March 9, 2007.
18. The Court holds that the petitioner argued that the alleged violations to the right to
appeal the conviction and the rule of freedom from ex post facto law before the High Court
of Justice were unfavorably resolved by the Interlocutory Verdict of June 12, 2003 (infra
para. 46) prior to submitting the petition to the Commission. Consequently, in the present
case, the Court finds that, due to the absence of a mechanism by which to appeal the
possible conviction, the issuance of said judgment was not a prerequisite for purposes of
presenting the case before the Commission.
19. With respect to the lack of exhaustion of the appeal, the Court notes that this remedy
was introduced in Suriname through the August 27, 2007, amendment to the IPOHA (infra
para. 49). Moreover, during the proceedings before the Commission, the State did not make
reference to the introduction of this remedy, nor did it indicate the requirement that the
alleged victim exhaust it. On the contrary, it was the alleged victim who indicated the
existence of this remedy during the proceedings before the Commission in a brief dated
January 10, 2008.14 It was not until the answer brief presented before this Court that the
10
Cf. Case of Velásquez Rodríguez. Preliminary Objections, supra, paras. 88 and 91, and Case of Mémoli,
supra, paras. 46 and 47.
11
47.
Cf. Case of Velásquez Rodríguez. Preliminary Objections, supra, para. 88, and Case of Mémoli, supra, para.
12
Cf. Case of Reverón Trujillo V. Venezuela. Preliminary Objection, Merits, Reparations and Costs. Judgment of
June 30, 2009. Series C No. 197, para. 23, and Case of Artavia Murillo et al. (Fertilización in vitro) V. Costa Rica.
Preliminary Objections, Merits, Reparations and Costs. Judgment of November 28, 2012 Series C No. 257, para.
23.
13
In this regard, it noted that: “It appears that the Petition of Liakat Ali Errol Alibux was filed on the 20th of
July 2003, as is presentad in the facts. At that moment, the domestic remedies had not yet been exhausted as
intended in Article 46 Paragraph 1 under a of the Convention. […]. The High Court of Justice did give an
interlocutory judgment in respect of the objections raised by Petitioner during the Trial. This interlocutory judgment
is not a final judgment and the Trial was still proceeding which appears also from the reasoning put forward by the
parties and the judgment of the [High] Court in respect of the concept of judgment in the session of [said court] on
the 12th of June 2003. […] Whether he could or could not appeal the judgment to be given is not relevant. Fact is
that the domestic remedies were invoked and/or used, but they were not exhausted.” Cf. Official Response of the
State to the Brief of submission of the case before the Commission of July 18, (attachment to the report on the
Merits, folio 122).
14
Cf. Brief of Observations of Mr. Liakat Alibux in “response to the State of Suriname, on November 30,
2007,” of January 10 and 11, 2008 (case file of processing before the Commission, folios 800 and 806).