16
determine whether the violation is the result of a State's failure to fulfill its duty to respect and
guarantee those rights, as required by Article 1(1) of the Convention. (Velásquez Rodríguez Case,
supra 49, para. 173; Godínez Cruz Case, supra 49, para. 183.)
The circumstances surrounding this case make it impossible to establish the responsibility of the
State in the terms described above because, among other things, the Court is fixing responsibility
for illegal detention by inference but not because it has been proved that the detention was
indeed illegal or arbitrary or that the detainee was tortured. And the Court so finds.
IX
63.
Finally, the Commission also charged an alleged violation of Articles 2 and 25 of the
Convention, in the following terms:
The case of Mr. Gangaram Panday shows that in Suriname the exercise of
the rights and freedoms mentioned in the Convention is not guaranteed when the
violations are committed by military personnel.
[. . .]
The violations of human rights committed by the military authorities of Suriname against which
the population is absolutely defenseless, as in the case of Mr. Gangaram Panday, represent a clear
violation of the obligation to provide judicial protection [. . .]
64.
The Court notes that, in principle, the confirmation of a single case of violation of human
rights by the authorities of a State is not in itself sufficient ground to presume or infer the
existence in that State of widespread, large-scale practices to the detriment of the rights of other
citizens.
65.
In addition, after completing the evaluation of the various proofs called for and furnished
by the parties, the record of the instant case reflects the following:
a.
That in the First and Second Reports on the Human Rights Situation in Suriname for
the years 1983 and 1985, the Commission states that it has confirmed that, "a number of
fundamental human rights established in the American Declaration of the Rights and
Duties of Man continue to be violated by the Government of Suriname;" however, in the
Commission's Annual Report for 1987-1988, approved at the Commission's 74th Session, it
is expressly recognized that
Suriname has taken significant steps to establish the rule of law and democratic
institutions and has assumed international obligations in the Inter-American
community by ratifying the treaties referred to above, all of which indicate a desire to
respect and promote human rights. (Underlined by the Court)
b.
That Mrs. Dropatie Sewcharan, the victim's widow, filed a complaint regarding the
events referred to in this record with the Attorney General of the Court of Justice in
Paramaribo, on November 11, 1988.
c.
That in his deposition before the Court the victim's brother, Leo Gangaram Panday,
replied as follows to the question, "[h]ave you experienced lack of cooperation by the
authorities of Suriname in your efforts to obtain justice?": "I left everything in the hands of
my lawyer." And, later, when questioned whether, "[i]t has been possible to obtain