17
V
JURISDICTION
62.
The Inter-American Court has jurisdiction over this case in accordance with Article
62(3) of the Convention. Suriname ratified the American Convention on November 12, 1987
and recognized the Court’s contentious jurisdiction that same day.
VI
EVIDENCE
63.
Based on the provisions of Articles 44 and 45 of the Rules of Procedure, as well as
the Court’s prior decisions regarding evidence and its assessment,49 the Court will proceed
to examine and assess the documentary evidence submitted by the Commission, the
representatives, and the State at the different procedural stages. It will also examine and
assess the testimonies and expert opinions provided by affidavit or before the Court in the
public hearing. To that effect, the Court shall abide by the principles of sound criticism,
within the corresponding legal framework.50
A)
DOCUMENTAL, TESTIMONIAL, AND EXPERT EVIDENCE
64.
At the request of the President, the Court received the testimonies and declarations
by affidavit provided by the following witnesses and expert witnesses:51
a)
Silvi Adjako, witness proposed by the Commission and the representatives, is
a member of the Matjau lö (clan), and testified regarding the alleged destruction of
her farms by a foreign logging company and her subsequent efforts to obtain
redress;
b)
Hugo Jabini, witness proposed by the Commission and the representatives, is
a founding member of the Association of Saramaka Authorities and serves as its
Paramaribo representative. He testified regarding, inter alia: the Saramaka people's
efforts to protect their land and resources, their alleged attempts to settle the case
with the State, and their methods for documenting traditional Saramaka use of the
territory;
c)
Head Captain Eddie Fonkie, witness proposed by the Commission,
representative of the Abaisa lö (clan) and fiscali of the Saramaka people,
testified regarding Saramaka customary law that governs ownership of land
resources, Saramaka treaty rights, purported contemporary use of Saramaka
49
is a
and
and
land
Cf. Case of The Mayagna (Sumo) Awas Tingni Community v. Nicaragua. Merits, Reparations and Costs.
Judgment of August 31, 2001. Series C No. 79, para. 86; Case of The “White Van” (Paniagua Morales et al.) v.
Guatemala. Reparations and Costs. Judgment of May 25, 2001. Series C No. 76, para. 50, and Case of Bámaca
Velásquez v. Guatemala. Reparations and Costs. Judgment of February 22, 2002. Series C No. 91, para. 15. Cf.
also Case of the Miguel Castro Castro Prison, supra note 8, paras. 183 and 184; Case of Almonacid Arellano et al.,
supra note 25, paras. 67, 68 and 69, and Case of Servellón García et al., supra note 11, para. 34.
50
Cf. Case of The “White Van” (Paniagua Morales et al.) v. Guatemala. Merits. Judgment of March 8, 1998.
Series C No. 37, para. 76; Case of Cantoral Huamaní and García Santa Cruz v. Peru. Preliminary Objection, Merits,
Reparations and Costs. Judgment of July 10, 2007. Series C No. 167. para. 38, and Case of Zambrano Vélez et al.
v. Ecuador. Merits, Reparations and Costs. Judgment of July 4, 2007. Series C No. 166, para. 32.
51
Although on March 30, 2007 the President decided to require the testimonies by affidavit of Mr. Michel
Filisie, Minister of Regional Development of the Republic of Suriname, and of Gaa’man Gazon Mathodja (supra note
4), the State informed the Court on April 25, 2007 of its withdrawal of said witnesses from this case.
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