CCJ rules Suriname breached CARICOM national’s rights; landmark ruling could reshape regional business climate

The Caribbean Court of Justice (CCJ) has ruled that Suriname breached the treaty rights of a Trinidad and Tobago national by denying him access to a lawyer during pre-trial detention, in what the claimant’s legal team hailed as a landmark judgment that sets major precedent for CARICOM nationals travelling, working and doing business across the region.

In its judgment delivered on Monday, the court awarded Derek Anand Ramsamooj US$30,000 in damages after finding that Suriname unlawfully restricted his access to legal counsel while he was detained in connection with an alleged fraud investigation.

Ramsamooj, a Trinidadian political consultant who had regularly travelled to Suriname since 2014 to provide consultancy services, was detained in October 2020 after police seized his passports as part of an investigation into alleged fraud involving the previous Surinamese government, for which he had worked.

According to the court, Ramsamooj was held under two consecutive eight-day restriction orders under Surinamese law, which prevented him from having direct access to a lawyer. During that period, he was interrogated in Dutch through a translator and signed a Dutch-language statement that was later used as a confession in court proceedings. He remained in detention until December 22, 2020, when deteriorating health led to his release. His passports were not returned until September 2022.

The case was brought before the CCJ in its Original Jurisdiction, with Ramsamooj arguing that the denial of legal counsel violated his CARICOM treaty rights, including freedom of movement and the right to provide services within the Caribbean Community.

Suriname argued that the CCJ had no jurisdiction over what it characterised as a human rights matter, maintaining that its domestic legal restrictions were justified in the interest of public order and safety.

But the court rejected that argument, ruling that CARICOM treaty rights cannot be meaningfully exercised without minimum human rights protections.

The judges found that access to legal representation is one such fundamental standard, noting that the right is recognised in the constitutions of all CARICOM member states. While the Charter of Civil Society was found not to be legally binding, the court said it could still be used to interpret treaty obligations and broader Community legal principles.

The CCJ concluded that Suriname’s application of its criminal procedure law denied Ramsamooj legal representation at critical stages, including police interrogation, challenges to the restriction order, and any effort to contest the legality of his detention.

It ruled that Suriname’s domestic law, as applied, fell below the minimum standards required under Community law and unlawfully impeded the free movement rights of a CARICOM national.

Reacting to the ruling, Ramsamooj’s legal team said the decision established an important regional human rights benchmark for CARICOM citizens doing business within the community.

“Today’s decision will have a significant impact on the conditions in which business in the Caribbean region is conducted,” the attorneys said.

They said the ruling recognised that rights under the Revised Treaty of Chaguaramas “cannot be effective without the protection of a minimum standard of human rights,” adding that the judgment would strengthen confidence in Caribbean economic integration.

The attorneys also said Ramsamooj had suffered severe hardship.

“My client is this region’s leading political analyst and researcher. Since 2020, he has been the target of a politically motivated effort to ruin him. He has suffered significant and irreparable hardship. We are pleased that his position has been vindicated,” the statement said.

The legal team said Ramsamooj, who is currently in Haiti advising on governance issues, intends to seek further declarations of innocence in Suriname.

The court also declared that any confession or admission obtained during the unlawful detention could not be relied upon in criminal proceedings without breaching Community law, though Suriname remains free to continue proceedings using independently obtained evidence.

While the court declined to award damages for medical expenses, it accepted unchallenged expert evidence that Ramsamooj suffered a coronary event, a stroke, and worsening coronary artery disease during his detention, conditions the court said were certainly aggravated by the detention environment.

Ramsamooj’s attorneys – Justin Phelps SC, Navindra Ramnanan, Milton Castelen and Chase Pegus – also commended the court for the speed and balance with which the matter was handled.