Inter-American Court of Human Rights
Case of Gangaram-Panday v. Suriname
Judgment of December 4, 1991
(Preliminary Objections)
In the Gangaram Panday case,
the Inter-American Court of Human Rights, composed of the following judges:
Héctor Fix-Zamudio, President
Thomas Buergenthal, Judge
Rafael Nieto-Navia, Judge
Sonia Picado-Sotela, Judge
Julio A. Barberis, Judge
Antônio A. Cançado Trindade, ad hoc Judge;
also present,
Manuel E. Ventura-Robles, Secretary, and
Ana Maria Reina, Deputy Secretary
delivers the following judgment pursuant to Article 27(4) of the Rules of Procedure of
the Court in force for matters submitted to it prior to July 31, 1991 (hereinafter “the
Rules”), on the preliminary objections interposed by the Republic of Suriname
(hereinafter “the Government” or “Suriname”).
I
1.
The Inter-American Commission on Human Rights (hereinafter “the
Commission”) submitted the instant case to the Inter-American Court of Human
Rights (hereinafter “the Court”) on August 27, 1990. It originated in a petition (N°
10.274) against Suriname, which the Secretariat of the Commission received on
December 17, 1988.
2.
In filing the application with the Court, the Commission invoked Articles 51
and 61 of the American Convention on Human Rights (hereinafter “the Convention”
or “the American Convention”) and Article 50 of its Regulations, and requested that
the Court determine whether the State in question had violated Articles 1 (Obligation
to Respect Rights), 2 (Domestic Legal Effects), 4 (Right to Life), 5 (Right to Humane
Treatment), 7 (Right to Personal Liberty) and 25 (Right to Judicial Protection) of the
Convention, to the detriment of Mr. Choeramoenipersad Gangaram Panday, also
known as Asok Gangaram Panday. The Commission also asked the Court “to
adjudicate this case in accordance with the terms of the Convention, and to fix
responsibility for the violation described herein and award just compensation to the
victim’s next of kin.” It appointed the following Delegates to represent it in this