12 President for the purchase of the building and that the Ministry of Finance prepared a proposal to the Council of Ministers for such purpose, which was signed by Mr. Alibux;34 and b) the proposal was discussed and approved during the June 23, 2000, meeting of the Council of Ministers.35 35. On August 9, 2001, the Prosecutor General wrote to the President of the Republic, requesting that the necessary arrangements be made for Mr. Alibux to be indicted by the National Assembly for crimes committed in 2000, and so that the Prosecutor (assigned to the case) could proceed with prosecution.36 The President forwarded the letter to the Speaker of the National Assembly on August 15, 2001.37 36. On October 18, 2001, the President of the Republic, pursuant to approval of the Council of State and the National Assembly, ratified the Indictment of Political Office Holders Act (hereinafter “IPOHA”) with the explicit purpose of implementing Article 140 of the Constitution and, in particular, “to lay down rules for indicting those who have held a political office, even after their retirement, for punishable acts committed in the discharge of their official duties.”38 Article 140 of the Constitution39 provides that: Those who hold political office shall be liable to trial before the High Court of Justice, even after their retirement, for punishable acts committed in the discharge of their official duties. Proceedings are initiated against them by the Procurator General after they have been indicted by the National Assembly in a manner to be laid down by law. It can be determined by law that members of the High Councils of State and other officials shall be liable to trial for punishable acts committed in the exercise of their functions before the High Court.40 37. The IPOHA, among other things, establishes the individuals who hold political offices that are subject to liability for purposes of this Act, including certain former political office holders.41 Moreover, this Act states that: a) the Prosecutor General has the authority to 34 Cf. Judgment of the High Court of Justice of November 5, 2003 (attachments to the report on the Merits, folios 174 and 175). 35 Cf. Judgment of the High Court of Justice of November 5, 2003 (case file of attachments to the report on the Merits, folios 174-177). 36 Cf. Official letter PG 1784/01 Letter of the Procurator General to the President of the Republic on August 9, 2001 (case file of Merits, folios 305 and 306). 37 Cf. Official letter 2517/P/jc of August 15, 2001 (case file of Merits, folio 329). 38 Cf. Indictment of Political Office Holders Act (hereinafter IPOHA) of October 18, 2001 (attachments to the report on the Merits, folio 159). Statement of Legal Reasons: “It is necessary to lay down rules for indicting those who hold a political office, even after their retirement, for punishable acts committed by them in the discharge of their official duties.” 39 Explanatory notes of the Act note, inter alia, that: “Pursuant to Article 140 of tlle Constltution, Polltlcal Office Holders shall be trled before the High Court of Justlce In respect of punishable acts commltted In the dlscharge of their dulies. In principie, each person should be trled before the judicial body laid down by law in general in that respect, as explicutly provided for ln Artlcle 11 of the Constltution. That would entall any political offlce holder would have to be trued before the Distrlct Court, as indicated in the Act on the Organizatlon and Compositlon of the Surinamese Judiciary and the Code of Criminal Procedure.” (case file of proceedings before the Commission, folio 1019). 40 Cf. Official Response of the the State regarding Petition No. P-661-03, Liakat Ali Alibux, of February 28, 2006, para. 11 (attachments to the report on the Merits, folio 18), and official response of the State regarding Petition No. P-661-03, Liakat Ali Alibux, of July 18, 2005, para. 26 (attachments to the report on the Merits, folio 110-111). 41 Pursuant to Article 1 of the Act, political office holders under the Act are: 1. the President of the Republic, 2. the Vice-President, 3. the Ministers, 4. the Under-Ministers, and 5. the persons who by or pursuant to the electoral act are members of the representative bodies, established as such by or pursuant to the Constitution. Moreover, the Act defined former political office holders as persons who have held the office or functions mentioned 1 to 5 inclusive of the former paragraph, (attachments to the report on the Merits, folio 159).