disseminate information and ideas of all kinds.302 Hence, Article 13 of the Convention, by
expressly stipulating the right to seek and receive information, protects the right of everyone to
request access to information in the hands of the State, with the exceptions permitted under the
Convention’s regime of restrictions. This information must be handed over without the need to
prove a direct interest in order to obtain it or personal involvement, except in cases in which a
legitimate restriction applies.303
262. The Court has established that States are obliged to provide the information requested.
However, if it is necessary to refuse to provide the information, a justified response must be
given that allows the reasons to be known, as well as the norms on which the refusal to hand
over the information is based. Thus, an analysis of the decision will make it possible to determine
whether the restriction is compatible with the restrictions allowed by the American Convention;
in other words, those that are lawful, necessary and proportionate in order to achieve a
legitimate objective, which responds to a public interest within a democratic society.304 In cases
when the State does not respond, the Court understands that, in addition to the violation al
Article 13 of the Convention, this attitude constitutes an arbitrary decision.305 Hence, the burden
of proof in justifying any denial of access to information lies with the body from which the
information was requested.306
263. In this specific case, on October 7, 2007, the captains of eight communities of the Kaliña
and Lokono peoples,307 the Land Rights Commission of the Lower Marowijne308 and the
Association of Indigenous Village Leaders in Suriname309 asked the State “to clarify and produce
the relevant documents that prove whether the persons identified above [H.J. De Vries and
Harrold Sijlbing] possess valid land titles in the village of Pierrekondre; and if so, [to explain] the
nature of those titles and whether the said persons had permission to build houses and/or stores
under them. [They asked] that this information be provided in writing and discussed with [them]
as soon as it was available.”310 However, the State of Suriname did not respond to this
request.311 Nevertheless, during the on-site procedure, the State indicated that any Surinamese
could access the public records and request this information.
302
Cf. Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism (Arts. 13 and 29
American Convention on Human Rights). Advisory Opinion OC-5/85 of November 13, 1985. Series A No. 5, para. 30, and
Case of Granier et al. (Radio Caracas Television) v. Venezuela. Preliminary Objections, Merits, Reparations and Costs.
Judgment of June 22, 2015. Series C No. 293, para.135.
303
Cf. Case of Claude Reyes el al. v. Chile. Merits, Reparations and Costs. Judgment of September 19, 2006. Series C
No. 151, para.77, and Case of Gomes Lund et al. ("Guerrilha do Araguaia") v. Brazil. Preliminary Objections, Merits,
Reparations and Costs. Judgment of November 24, 2010. Series C No. 219, para. 211.
304
Cf. Case of Claude Reyes et al., supra, para. 77, and Case of Omar Humberto Maldonado Vargas et al. v. Chile.
Merits, Reparations and Costs. Judgment of September 2, 2015. Series C No. 300, para. 90.
305
Cf. Case of Claude Reyes et al., supra, para. 77, and Case of Gomes Lund et al. ("Guerrilha do Araguaia"), supra,
para. 211.
306
Cf. Inter-American Juridical Committee. Resolution 147 of the 73rd regular session: Principles on the Right of
Access to Information. August 7, 2008. Operative paragraph 7. Available at: http://www.oas.org/cji/eng/CJIRES_147_LXXIII-O-08_eng.pdf.
307
The chiefs of the indigenous peoples who signed the request were: Ricardo Pané, chief of the community of
Christiaankondre; Henry Zaalman, chief of Wan Shia Sha; Jona Gunther, chief of Erowate; Harold Galgren, chief of
Alfonsdorp; Ramses Kajoeramari, chief of Langamankondre; Romeo Pierre, Chief of Pierrekondre; Frans Perre, chief of
Tapuku, and Leo Maipio, chief of Bigiston.
308
Represented by Grace Watamaleo, Coordinator of the Land Rights Commission of the Lower Marowijne (CLIM).
309
Represented by Loreen Jubitana, Director of the Association of Indigenous Village Leaders in Suriname.
310
Cf. Formal petition presented under art. 22 of the 1987 Constitution of the Republic of Suriname, October 7, 2007
(evidence file, folios 332 and 333).
311
Cf. Brief of May 28, 2008 (evidence file, folio 570), and Brief of October 29, 2008 (evidence file, folio 1258).
68
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