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A) On the arguments of Mr. Alibux before the High Court of Justice of Suriname and
the decision of the Inter-American Court
95.
In this case, Mr. Alibux argued before the High Court of Justice of Suriname, the
incompatibility of Article 140 of the Constitution of Suriname and the Indictment of Political
Office Holders Act with the provisions of Article 8(2)(h) of the American Convention and
Article 14(5) of the International Covenant on Civil and Political Rights, for establishing
criminal proceedings in a single instance. Given this clear statement of incompatibility with
the Convention, the High Court of Suriname that heard the criminal proceedings, through an
Interlocutory Resolution, responded that while such international treaties have binding
effects on the State, they have no direct legal effect, since a domestic court cannot
establish processes of appeal that are not recognized by the law.
96.
In its Judgment, the Inter-American Court declared the violation of Article 8(2)(h)
precisely because no second instance was provided. Although the foregoing was established
years later in the amendment to the aforementioned Indictment of Political Office Holders
Act in 2007 through the creation of a process of appeal, the violation materialized at the
inability to appeal the conviction in 2003; moreover, the victim had already served his
sentence prior to this amendment. The Inter-American Court held that by declaring the
violation of Article 8(2)(h) of the Convention, it did not deem it necessary to issue an
additional ruling regarding the violation of Article 25 of the American Convention “as the
consequences of the damages described in his allegations are subsumed in the
considerations”143 regarding Article 8(2)(h); that is, the alleged violation of the right to
judicial protection “is encompassed within the aforementioned violation of the right to
appeal the judgment. It was precisely the absence of a remedy under the terms of Article
8(2)(h) of the Convention, which would have guaranteed the possibility of challenging the
judgment of conviction, which propitiated and enabled the situations alluded to by the
Commission and the representatives.”144
97. With respect to the arguments of Mr. Alibux and of the Commission before this InterAmerican Tribunal concerning the violation of the right to judicial protection due to the lack
of implementation of the Constitutional Court of Suriname, as established in article 144 of
the Constitution, the Court determined that "although […] it recognizes the importance of
such bodies as protectors of constitutional mandates and fundamental rights, the American
Convention does not impose a specific model for the regulation of issues of constitutionality
and control for conformity with the Convention[.] [It also reiterated] that the obligation to
monitor the compliance of domestic legislation with the American Convention is delegated to
all bodies of the State, including its judges and other mechanisms related to the
administration of justice at all levels.”145
B) The analysis of the effective judicial remedy from the jurisprudence of the
Inter-American Court and from the integrative dimension of the rights under
Article 25 of the American Convention
98.
As I mentioned at the beginning of this opinion, I agree with the decision adopted by
the Inter-American Court. However, I consider it appropriate to comment on certain aspects
related to the integrative dimension of rights (an under-developed facet in Inter-American
jurisprudence) and its implications in a model of exercising control for conformity with the
143
Para. 119 of the Judgment.
144
Cf. Para. 106 of the Judgment.
145
Para. 124 of the Judgment.
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