11
c.
That the victim remained in detention, without being brought before a tribunal,
from the night of Saturday, November 5, until the early hours of Tuesday, November 8,
1988, when his lifeless body was discovered (cf. the complaint of Leo Gangaram Panday;
the charge brought before the Attorney General of the Court of Justice by Dropatie
Sewcharan, the victim's widow, signed in Suriname on November 11, 1988; the statement
of the Government Agent in his counter-memorial; the report of the Military Police Corps
of Suriname signed by Achong J. G., Ensign of the Military Police Corps).
44.
The Court notes, by way of introduction, that the records do not contain sufficient
evidence to enable verification of certain statements contained in the Commission's memorial,
according to which the victim and his family were not informed of the reasons for his detention, in
flagrant violation of the provision contained in Article 7(4) of the Convention. Rather, the record
shows that the victim himself, when he was detained at the airport, said to his relatives: "I've got
problems;" that in the early hours of the day following the abovementioned detention, the victim's
brother, Leo Gangaram Panday, was informed by the Military Police that the reason for the
detention was the fact that Asok Gangaram Panday had been expelled from Holland and,
furthermore, that the latter had told the guard at the shelter "that he had been expelled from
Holland, even though he had of his own free will reported to the Immigration Police."
45.
The Court must now determine whether the detention of Asok Gangaram Panday by
members of the Military Police of Suriname constitutes the alleged illegal or arbitrary acts or a
violation of the victim's right to be brought promptly before a judge or other officer authorized by
law to exercise judicial functions, and whether it is appropriate to charge Suriname with such acts
and, if so, to declare its international responsibility under Article 7(2), 7(3) and 7(5) of the
Convention.
46.
Article 7 of the Convention reads as follows:
1. Every person has the right to personal liberty and security.
2. No one shall be deprived of his physical liberty except for the reasons and under the
conditions established beforehand by the constitution of the State Party concerned or by a law
established pursuant thereto.
3. No one shall be subject to arbitrary arrest or imprisonment.
[. . .]
5. Any person detained shall be brought promptly before a judge or other officer authorized by
law to exercise judicial power [. . .]
47.
This provision contains specific guarantees against illegal or arbitrary detentions or arrests,
as described in clauses 2 and 3, respectively. Pursuant to the first of these provisions, no person
may be deprived of his or her personal freedom except for reasons, cases or circumstances
expressly defined by law (material aspect) and, furthermore, subject to strict adherence to the
procedures objectively set forth in that law (formal aspect). The second provision addresses the
issue that no one may be subjected to arrest or imprisonment for reasons and by methods which,
although classified as legal, could be deemed to be incompatible with the respect for the
fundamental rights of the individual because, among other things, they are unreasonable,
unforeseeable or lacking in proportionality.
48.
In the instant case, it is impossible for the Court to determine whether or not the detention
of Asok Gangaram Panday was for "the reasons and under the conditions established beforehand"
by the Constitution of that State or by laws promulgated pursuant thereto, or whether that
Constitution or those laws were compatible with the standards of reasonableness, foreseeability