3
5.
The State submitted its brief containing the answer to the application and
observations to the representatives’ brief (hereinafter “answer to the application”), in which
it alleged it “is not responsible for the violation of the right to property established in
[A]rticle 21 of the Convention, because the State does recognize the Saramaka community
[a privilege to the land it] has traditionally occupied and used[;] the right to judicial
protection has not been violated, because the Surinamese legislation does provide effective
legal recourse[, and] the State […] has complied with its obligation under [A]rticle 1 and
[A]rticle 2 of the Convention and therefore not violated these rights”. Furthermore, the
State submitted several preliminary objections, which the Court has divided into the
following categories: legal standing of the original petitioners before the Commission, legal
standing of the representatives before the Court, non-exhaustion of domestic remedies,
duplication of international procedures, and the Commission’s lack of “standing to bring this
particular [case] before [the] Court”. Finally, the State referred to other admissibility
arguments regarding the legal representation of the alleged victims and the roles of Mr.
David Padilla and Mr. Hugo Jabini in the present case.
II
PROCEEDINGS BEFORE THE COURT
6.
The application of the Commission was notified to the State on September 12, 2006,3
and to the representatives on September 11, 2006. During the proceedings before the
Court, in addition to the presentation of the principal briefs forwarded by the parties (supra
paras. 1, 4 and 5), the Commission and the representatives submitted written briefs on the
preliminary objections presented by the State. Furthermore, on March 26, 2007 the State
submitted an additional written pleading, pursuant to Article 39 of the Court’s Rules of
Procedure, to which the Commission and the representatives submitted their respective
observations on April 18, 2007.
7.
On March 30, 2007, the President of the Court (hereinafter “the President”) ordered
the submission of sworn declarations (affidavits) of seven witnesses and five expert
witnesses proposed by the Commission, the representatives and the State, to which the
parties were given the opportunity to submit their respective observations.4 Furthermore,
due to the particular circumstances in this case, the President convened the Inter-American
Commission, the representatives, and the State to a public hearing in order to receive the
declarations of three alleged victims, two witnesses and two expert witnesses, as well as the
final oral arguments of the parties regarding the preliminary objections and possible merits,
reparations, and costs. The State requested that the date of the public hearing be
postponed, and the parties were given the opportunity to submit observations on this
matter. Having considered said observations, on April 14, 2007 the President reaffirmed his
prior decision regarding the date of the hearing, and partially modified the March 30th Order,
granting the parties more time to submit the sworn written testimonies and expert
declarations, as well as their final written arguments.5 The public hearing in this case was
held on May 9 and 10, 2007, during the seventy-fifth regular session of the Court.6
3
When the application was notified to the State, the Court informed it of its right to designate an ad hoc
Judge in this case. On October 6, 2006, the State designated Mr. Alwin Rene Baarh as ad hoc Judge. Mr. Baarh
participated in the oral hearing in the present case, and subsequently informed the Court that, for reasons of force
majeur, he could not participate in the deliberation of the present Judgment.
4
Order issued by the President of the Inter-American Court on March 30, 2007.
5
Order issued by the President of the Inter-American Court on April 14, 2007.
6
The following were present at this hearing: (a) for the Inter-American Commission: Paolo Carozza,
Commissioner and Delegate, and Elizabeth Abi-Mershed and Juan Pablo Albán A., advisers; (b) for the
representatives: Fergus MacKay, attorney for the Forest Peoples Programme, and (c) for the State:
Soebhaschandre Punwasi, Agent; Eric Rudge, deputy Agent; Hans Lim A Po, Lydia Ravenberg, Margo Waterval,
Reshma Alladin and Monique Pool.
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