CCJ grants Ramsamooj leave to challenge Suriname detention

The Caribbean Court of Justice has granted special leave to political analyst Derek Ramsamooj to hear his challenge of Suriname’s alleged conduct arising from his detention in 2020.

On October 10, acting CCJ President Justice Winston Anderson in announcing the court’s decision, said the court had looked at the application and submissions and 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 recognised that there are some matters of fact which are disputed and which can only be resolved at a hearing…

“We note as well there are differing interpretations of the status to be given to 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.”

Anderson said these issues would “best be hammered out at a full hearing.”

He also said the court would probably want to hear from Caricom on the Charter
of Civil Society. Further directions will be given at another case-management hearing on January 23, 2025.

Also presiding over the first CMC last Thursday were Justices Maureen Rajnauth, Lee and Andrew Burgess.

Ramsamooj, 62, was detained in Paramaribo in October 2020.

Suriname police held
him on October 6, 2020, and allegedly told him he was a witness in an enquiry into operations at a local bank.

He was not allowed to leave the country until September 2022, when a Surinamese judge had ordered the return of his TT and British passports.

However, his application said the police refused to withdraw the charges against him.

He is seeking several declarations that Suriname infringed his right to freedom of movement and to provide services, and breached its obligations under Caricom’s Revised Treaty of Chaguaramas by failing to ensure he was not subjected to arbitrary imprisonment. He is also alleging he was discriminated against on the grounds of his nationality.

He also alleges he was not given access to medical treatment. He suffers from diabetes, hypertension and severe coronary artery disease.

Ramsamooj is represented by Senior Counsel Justin Phelps, Chase Pegus, Narvindra Ramnanan and Surinamese attorney Milton Castelen.

His application said he is the holder of a Caricom skills certificate, which allows nationals to work without a work permit in any member state.

“The applicant is the subject of a sham criminal prosecution arising out of the political will...” the application alleged.

“In the course of his business as a political analyst and political consultant, the applicant regularly has to travel throughout the region and regularly engages in political consultancy often involving advising the political opponents of the Governments of the Caribbean region.

“He is entitled to do so without being at risk of having his fundamental rights and freedoms violated. He cannot benefit from the full content of the right to freedom of movement or the right to provide services unless his human rights are protected.”

His application said Ramsamooj was also arrested and detained without access to counsel or taken before a court.

“He was ill-treated, denied proper medical care, forced to pay exorbitant costs (not charged to Surinamese nationals) for inadequate medical care, had his assets including cash frozen and his personal papers including his passports seized. He was coerced into signing a document in the Dutch language which he does not understand, he has been denied court hearings and had other court hearings convened without adequate notice or abruptly deferred.”

It also said it would be impossible for him to have a fair trial in Suriname.

Ramsamooj has worked as an election consultant in Antigua and Barbuda, Grenada, Guyana, Jamaica, Trinidad and Tobago, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines and Suriname for some 30 years.