the Petitioner exhausted domestic remedies as prescribed by Article 46(1)(a) of the
American Convention.
2.
Timeliness of the petition
47.
Article 46(1)(b) of the American Convention prescribes that a petition
must be presented in a timely manner to be admitted, namely, within six months from
the date on which the complaining party was notified of the final judgment at the
domestic level. The six-month rule ensures legal certainty and stability once a decision
has been taken.
48.
The Petitioner contends that he effectively exhausted all available
domestic remedies after the dismissal of his final interlocutory objection in June
2003. Having regard for the Commission’s finding on the exhaustion of domestic
remedies, the Commission concludes that the petition was presented in a timely
manner in accordance with Article 46(1)(b) of the Convention.
3.
Duplication of proceedings and res judicata
49.
There is nothing in the record to suggest that the subject matter of the
petition is pending in another international proceeding for settlement, or is
substantially the same as one previously studied by the Commission or by another
international organization. Therefore, the Commission concludes that the requirements
established in Article 46(1)(c) are met.
4.
Characterization
50.
The parties have joined issue on the question of whether the petition
discloses colorable claims. To determine admissibility, the Commission must decide
whether the petition describes facts that could tend to establish a violation, as required
by Article 47(b) of the American Convention. As a preliminary consideration, the
Commission notes that the Petitioner has not advanced a prima facie case to support
his general claim that the State violated his rights under Article 24 of the American
Convention. Having regard for the record before the it, the Commission considers that
the petitioner has not presented any colorable violation of Article 24 of the American
Convention.
51.
The standard of evaluation regarding the admissibility of a petition is
different from that which applies in deciding on the merits of a complaint. The
Commission must conduct a prima facie assessment to determine whether the
complaint entails an apparent or potential violation of a right protected by the
Convention and is not at this stage establishing the existence of such a violation. This
examination is a summary analysis that neither prejudges nor offers an opinion on the
merits.
52.
The claims alleging violations of the American Convention revolve
around the prosecution and conviction of Mr. Alibux after indictment by the National
Assembly. Principally, the Petitioner contends that he was prosecuted under an ex post
facto law, and that he was denied any recourse to challenge the law or the ensuing
criminal proceedings. Concomitantly, the Petitioner contends that his right to fair trial
was prejudiced by certain public utterances by the President of Suriname. He also
contends that his freedom of movement was violated when he was prevented from
traveling out of Suriname for medical reasons. The State requested the Commission to
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