-4-
The State acknowledges that the Convention specifically indicates that the judgment of
the Court is not open to appeal. With the possibility to request an interpretation as to
the meaning and scope of the judgment, the framers of the Convention gave the parties
that disagree with the judgment the opportunity to petition your […] Court.
[T]he Republic of Suriname states that it disagrees with specific parts of the Judgment of
June 15, 2005, Case of the Moiwana Community v. Suriname, taken by this […] Court.
The State respectfully requests the Court’s interpretation to said parts of the judgment.
In order for the Court to hear a case, Article 61 section 2 of the Convention mandates
that the procedures set forth in Articles 48 and 50 shall have been completed. The State
argued in all previous communications during the proceedings and at the public hearing
held in September 2004 before your […] Court, that the Commission wrongly adopted a
communication as an Article 50 Report. Based on said article 61 section 2 of the
Convention, this wrongly adopted “Article 50 Report” serves as the bases to file the
petition to your […] Court. […] The State must conclude that your […] Court did not
analyze the status or quality of said communication—the Article 50 Report—that was
filed by the Commission as the basis for its petition to the Court in the issue at hand.
Since the Convention explicitly demands that the procedures mentioned in Articles 48
and 50 of the Convention must be completed, as a conditio sine qua non for your […]
Court to exercise jurisdiction over a particular case, the State is of the opinion that your
[…] Court must carefully review the procedures to determine whether the requirements
mentioned in Articles 48 and 50 of the Convention are met by the Commission. Only
after this analysis based on facts of law, it can be indicated that said requirements of the
Convention are met by the Commission to file this case to the Court. Only then this will
give your […] Court the right as laid down in article 61 section 2 of the Convention to
hear this particular case […] The State has stated that it strongly disagrees with the
determination of the Commission that said report must be labeled as an Article 50
Report. The State argued that the Commission wrongly incorporated several acts of
State actors as falling under the Convention, while the State is of the opinion that if the
violations occurred, they must be reviewed under the American Declaration of the Rights
and Duties of Man (the Declaration), and not [under] the American Convention on
Human Rights […] In general this would not be problematic. However, Suriname was
not a Convention-[S]tate on 29 November 1986, when the occurrences regrettably took
place in the Village of Moiwana. As a member [s]tate of the OAS, the Declaration
applies to these particular occurrences.
In addition, the State also argues that the communication labeled as an Article 51
Report by the […] Commission, was not properly taken in conformity with the articles of
the Convention, to serve as the prerequisite to petition your […] Court in this particular
case. An explanation of your […] Court with regard to these two communications is not
included in your judgment, and is tremendously important for the State. The State
respectfully requests your […] Court’s interpretation/explanation on this matter.
In addition to Article 61 of the Convention, Article 57 of the Convention states: “The
Commission shall appear in all cases before the Court.” Based on the provision of the
Convention it is clear that the only parties that may legitimately appear as an individual
party before your […] Court, are the Commission on behalf of the victim or its
representatives and the States parties. Although the Republic of Suriname de facto does
not have a problem by giving individuals the opportunity to address your […] Court to
provide useful information as to facts and testimonies in a case, this can take place only
through the Commission, because the Commission is the only party mentioned in the
Convention that have locus standi before the Court on behalf of the victim or his or her
representatives. The State is of the opinion that since the Convention takes precedents
over internal regulations and or statutes of the […] Commission and the […] Court, no
provisions against the text of the Convention can be adopted in these internal
regulations and statutes. The State therefore argues that individuals can not be given
locus standi as an individual party in the proceedings before your […] Court […]
Furthermore, the State points out that the issue of individual standing before the Court
is important to the State, since small economies like Suriname does not have the
financial resources, capability and time to hire high profile foreign international human
rights attorneys, while the opposing parties are backed by financially strong
organizations and institutions, with a variety of not only capital but also human
resources.
These opposing parties might even construct questionable claims and
present those to the organs in the [I]nter-American human rights system, thus placing