Also, on May 22, 2006, CLIM sent a communication to the Ministry of Spatial Planning requesting
the suspension of any activity that had an impact on their ancestral territory. However, the
communications went unanswered (supra para. 67). Likewise, on October 7, 2007, the captains
of the Kaliña and Lokono peoples presented a communication to the President of Suriname
contesting several constructions in the community of Pierrekondre, without obtaining a response
from the State (supra para. 68). And, on January 28, 2013, the captains of Marijkedorp (Wan Shi
Sha), Pierrekondre, Tapuku and Erowarte presented a communication to the President of the
Republic protesting against the construction of a casino in the community of Marijkedorp, without
receiving any answer (supra para. 69).
256. Based on the foregoing, witness Loreen Jubitana, Director of the Association of
Indigenous Village Leaders in Suriname (VIDS), testified in the affidavit she presented to the
Court that the State has made no concrete progress towards resolving the problems related to
the recognition of the rights of the indigenous peoples and that, to the contrary, whenever
pressure is brought to bear on the State, it establishes a commission as a way of diffusing the
situation, without achieving effective results.299
257. Meanwhile, expert witness Stuart Kirsh indicated in his sworn testimony before the Court
that, even though they had submitted many petitions and held numerous meetings with State
authorities, the Kaliña and Lokono peoples had not received a productive or conclusive response
to their requests for recognition of their ancestral territories and other rights.300
258. Consequently, the Court finds that the acts and omissions of the State authorities in the
petitions and judicial proceedings examined in this section have not provided appropriate and
effective answers to the claims submitted, so that they have not afforded a real possibility for the
Kaliña and Lokono peoples to achieve the restitution of their ancestral territories.
B.3 The right of access to information in relation to Article 25 of the American
Convention
259. The Court considers it important to emphasize that the parties have not argued the
violation of Article 13 of the Convention during the proceedings before this Court (supra paras.
232 and 234). However, it deems it pertinent to apply the iura novit curia principle, which allows
the Court to examine possible violations of the norms of the Convention that have not been
alleged in the briefs presented by the parties, provided the latter have had the opportunity to
express their respective positions in relation to the facts that substantiate such violations.301
260. It is for the Court to analyze whether the State’s failure to answer the request for
information on the property titles, which the victims have alleged, constitutes a violation of
Article 25 of the American Convention in relation to Article 13 thereof.
261. The Court has established that, pursuant to the protection accorded by the American
Convention, the right to freedom of thought and expression includes not only the right and
freedom to express one’s own thoughts, but also the right and freedom to seek, receive and
299
Cf. Affidavit made by Loreen Jubitana on January 27, 2015 (merits file, folio 434).
300
Cf. Affidavit made by Stuart Kirsh on January 27, 2015 (merits file, folio 351).
301
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 163, and Case of the Santa Bárbara Campesino
Community v. Peru. Preliminary Objections, Merits, Reparations and Costs, Judgment of September 1, 2015. Series C No
299, para. 194. The State did not comment on the alleged violation of the right of access to information during the merits
stage before the Commission, even though it was advised of this allegation by the representatives; thus, the State had
the opportunity to indicate its position with regard to these facts. In addition, during the on-site procedure, it argued
that, in Suriname, access to public records was not denied.
67
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