Caption: CCJ judges hearing the case management as lawyers for Surname and and Derek Ramsamoj. Photo: CMC)
PORT OF SPAIN – The Caribbean Court of Justice (CCJ) on Thursday granted special leave to the Trinidad and Tobago-based political analyst, Derek Ramsamooj, to hear his challenge of the conduct of the State of Suriname following his detention in the Dutch-speaking Caribbean Community (CARICOM) country in 2020.
Acting CCJ President, Justice Winston Anderson told a case management conference (CMC) that the Court had looked at the application as well as the written submissions by the parties involved “and we have decided to grant special leave for this matter to proceed.
“As you are aware the threshold for the grant of leave is very very low. All that is required is that the applicant presents an arguable case. We recognise that there are some matters of fact, for example which are disputed and which can only be resolved at a hearing.”
He added, “We note as well there are differing interpretations of the status to be given of the Charter of Civil Society and again we thought that this would be best handled out and decided at a full hearing of this matter.”
Justice Anderson said, “So as I said, we are granting leave and the next step in the process would be the filing of the orginating application (and) that filing is governed by our rules…and that would require a filing of the originating application within seven days of a grant of special leave.”
He said the defence will have to file its submissions within 42 days.
Ramsamooj, 62, who holds both Trinidad and Tobago and British passports, was summarily detained in Paramaribo in October 2020, and was not allowed to leave the country until September 2022. He suffers from a range of medical issues including diabetes, hypertension and severe coronary artery disease.
A presiding judge had ordered the authorities in Suriname to return his passports, noting that Ramsamooj had, at all times, demonstrated a willingness to support due process, and had consistently stated his desire to clear his name through the legal routes.
The analyst—who has worked in several Caribbean countries, including Jamaica, Guyana, Grenada, St Lucia and St Kitts and Nevis—was told by Suriname police on October 6, 2020, that they only wanted a statement to support an enquiry into operations at the Surinamese Post Savings Bank (SPSB).
Ramsamooj had conducted customer surveys for the SPSB, as well as bank employee surveys, in addition to conducting two country risk assessments of Suriname in his capacity as an analyst and researcher. The activities were paid for by the financial institution.
The CCJ, which was established in February 2001 replacing the London-based Privy Council, also acts as an international tribunal interpreting the Revised Treaty of the Chaguaramas that governs the regional integration movement.
Justice Anderson told Thursday’s case management conference that there are other provisions regarding submissions in a matter such as this case, regarding a reply and a rejoinder.
“There are other provisions dealing with for example… whether we will require an amicus and I suspect we might in ths case given that we are dealing with aspects of Dutch law…(and) we probably would want to hear as well from CARICOM particularly in relation to the Charter of Civil Society and therefore we are likely to invite CARICOM to be an amicus in this case.”
He said decisions on this matter will be made at the next CMC, scheduled for January 23 next year, where a timetable will be identified “leading to the hearing of this matter.” (CMC)
