The Caribbean Court of Justice (CCJ) has awarded Derek Ramsamooj, a political analyst and consultant based in Trinidad, US$30,000 in damages following his arrest and detention in Suriname in 2020. Ramsamooj alleged that his rights under the Revised Treaty of Chaguaramas (RTC), which governs the regional integration movement known as CARICOM, were violated due to his unlawful detention by police officers in Suriname from October 2020 to September 2022.
The court referenced the Court of Human Rights in Sardouz against Turkey, which emphasizes the importance of early and effective access to legal counsel as a fundamental safeguard for fair proceedings. The CCJ determined that Article 40 of the SCCP, which allows for the deprivation of access to counsel during the investigative stage without adequate compensatory measures, unlawfully restricts free movement and does not align with the minimum human rights standards required by community law.
Justice Anderson noted that the court found no need to demonstrate discriminatory treatment based on nationality to establish a violation of RTC rights. Furthermore, the CCJ reaffirmed a principle from a previous case, Gilbert against the State of Barbados, stating that freedom of movement under the RTC does not exempt CARICOM nationals from law enforcement actions in the host state. However, the current case was distinguished from Gilbert as it involved domestic law that conflicted with the RTC by violating minimum human rights standards.
The court indicated that Article 226 of the RTC has a limited role and that only in exceptional circumstances could a member state justify actions that undermine treaty-based rights through domestic procedures that do not meet the required human rights standards.
Source: demerarawaves.com
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