8
State argued the requirement that the alleged victim exhaust the appeal which was
implemented on August 27, 2007. In view of the foregoing, the Court concludes that at the
moment Mr. Alibux was convicted, said remedy did not exist, and the argument regarding
the requirement to exhaust this remedy was not raised at the appropriate procedural
instance. As such, the preliminary objection is time-barred.
20. Lastly, regarding the lack of exhaustion of domestic remedies in regard to the
restriction of the right to leave the country of January of 2003, the Court notes that the
alleged victim did not file any remedy before the domestic tribunals. However, the State did
not contravene its admissibility in the early stages of the proceedings before the
Commission, nor did it indicate the remedies that the alleged victim should have exhausted,
and this information was not provided to the Court (infra para. 26).
C.
Conclusion
21. Based on the aforementioned, the Court rejects the preliminary objections raised by
the State. Notwithstanding the foregoing, the assessments and evaluations of the remedies
that were available will be evaluated on the merits of the matter.15
IV
JURISDICTION
22. Pursuant to the terms of Article 62(3) of the American Convention, the Inter-American
Court has jurisdiction to hear this case given that Suriname has been a State Party to the
American Convention since November 12, 1987, and accepted the contentious jurisdiction of
the Court on that date.
V
EVIDENCE
23. Based on the provisions of Articles 46, 47, 48, 50, 51, 57, and 58 of the Rules of
Procedure, as well as on its jurisprudence regarding evidence and assessment thereof,16 the
Court will examine and assess the documentary probative elements provided by the parties
on different procedural opportunities, the statements, testimonies, and expert opinions
rendered by sworn statements before a notary public (affidavit) and at the public hearing,
as well as the helpful evidence requested by the Court. To this end, the Court will abide by
the principles of sound judicial discretion, within the corresponding legal framework.17
A.
Documentary, testimonial, and expert evidence
24. The Court received various documents presented as evidence by the Commission and
the State, attached to their main briefs (supra paras. 2 and 6). Similarly, the Court received
documentation presented by the representative as attachments to the brief of observations
to the preliminary objections (supra para. 7). In addition, the Court received the sworn
15
Cf. Case of The Santo Domingo Massacre, supra, para. 38.
16
Cf. Case of the “White Van” (Paniagua Morales et al.)V. Guatemala. Merits. Judgment of March 8, 1998. Series
C No. 37, paras. 69 to 76, and Case of J. V. Perú. Preliminary Objection, Merits, Reparations and Costs. Judgment
of November 27, 2013. Series C No. 275, para. 38.
17
Cf. Case of the “White Van” (Paniagua Morales et al.), supra, para. 76, and Case of J., supra, para. 38.