3
Fred M. Reid;
for the Inter-American Commission on Human Rights:
Oliver H. Jackman, Delegate
David J. Padilla, Delegate.
II
11.
The petition filed with the Commission on December 17, 1988, refers to the
detention and subsequent death of Mr. Asok Gangaram Panday in Suriname. The
petition was filed by the victim’s brother, Mr. Leo Gangaram Panday.
12.
According to the petitioner, Mr. Asok Gangaram Panday was detained by the
Military Police when he arrived at Zanderij Airport in Paramaribo. The Military Police
at Fort Zeeland, where he was detained, subsequently reported that he had hanged
himself.
13.
On December 21, 1988, the Commission requested the Government to
provide information regarding the circumstances surrounding the death of the
alleged victim. On May 2, 1989, the Government reported on the steps taken to
investigate the manner of his detention and added that, according to the autopsy,
Asok Gangaram Panday had indeed committed suicide.
14.
Pursuant to Article 50 of the Convention, on May 15, 1990, the Commission
drew up Report N° 04/90 in which it resolved:
1. To admit the present case.
2. To declare that the parties have been unable to achieve a friendly
settlement.
3. To the declare that the Government of Suriname has failed to fulfill its
obligations to respect the rights and freedoms contained in the American Convention on
Human Rights and to assure their enjoyment as provided for in Articles 1 and 2 of the
same instrument.
4. To declare that the Government of Suriname violated the human rights of
the subjects of this case as provided for by Articles 1, 2, 4(1), 5(1), 5(2), 7(1), 7(2),
7(3), 25(1), and 25(2) of the American Convention on Human Rights.
5. To recommend to the Government of Suriname that it take the following
measures:
a.
Give effect to Articles 1 and 2 of the Convention by assuring respect for and
enjoyment of the rights contained therein;
b.
Investigate the violations that occurred in this case and try and punish those
responsible for their occurrence;
c.
Take the necessary measures to avoid their reoccurrence;
d.
Pay a just compensation to the victim’s next of kin.
6. To transmit this report to the Government of Suriname and to provide the
Government with 90 days to implement the recommendations contained herein. The 90
day period shall begin as of the date this report is sent. During the 90 days in question