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Gangaram Panday Case, Order of the Court of November 27, 1998, reprinted in 1998 Annual Report of the Inter-American Court of Human Rights [531], OEA/Ser.L/V/III.43, doc. 11 (1999).



 

 

 

HAVING SEEN:

1.         The Judgment of the Inter-American Court of Human Rights (hereinafter “the Court”) of January 21, 1994, in the Gangaram Panday Case against the State of Suriname (hereinafter “the State”), in which it

[set] the amount that the State of Suriname must pay to the persons indicated in paragraph 70 of [the] judgment, and as stipulated therein, at US$10,000 (ten thousand dollars of the United States of America) or the equivalent amount in Dutch florins, payable within six months of the date of [the] judgment [and resolved] that the Court [would] supervise the payment of the indemnification ordered and shall only close the file thereafter.

2.         The Order of the Court of February 4, 1997, in which it

[urged] the Government of Suriname to comply with the Judgment [...], making every effort to locate the beneficiaries of the indemnity and, in the event that payment [could not] be made, to deposit the amount in a trust fund in a bank

[...].

3.         The report of the State of April 15, 1997, in which it stated it had deposited the sum of US$10,000.00 in a special account in the name of the Gangaram-Panday family.

4.         The April 16 and July 4, 1997 letters of the Secretariat of the Court, with which it sent the aforementioned report to the Inter-American Commission on Human Rights (hereinafter “the Commission”) and requested that the Commission present its observations regarding compliance with the Judgment, and “specifically, on whether Mrs. Dropatie Panday has been notified of the judicial deposit made in her name and whether or not she had claimed those funds.”

5.         The Commission’s Report of July 15, 1997, in which it noted that Mrs. Panday had

directed a letter to the Attorney General, explaining that she cannot travel to Suriname for the purpose of presenting the documentation requested, and requesting that the arrangements in relation to the payment of the [US]$10,000.00 be finalized through the Embassy of Suriname in the Netherlands.

6.         The September 25, 1997, letter of the President in which he requested that the State submit updated information regarding its compliance with the Judgment of January 21, 1994; and, in particular, information relating to the payment of the indemnification to Mrs. Dropatie Panday.

7.         The Commission’s communication of January 30, 1998, in which it informed the Court that, in its opinion, the payment of the indemnification remained pending.  The Commission further stated that it expected to have specific information concerning this matter within approximately six weeks.

8.         The letters of the Secretariat to the Commission on March 26, June 25 and September 10, 1998, which requested updated information on the satisfactory payment of Ms. Panday.

9.         The Commission’s letter of November 20, 1998, in which it informed the Court that the indemnification still had not been received by the beneficiaries.

Considering:

1.         That, according to the information supplied by the State and not objected to by the Commission, the sum of US$10,000.00 has been deposited in a special account in the name of the relatives of Mr. Asok Gangaram Panday, in compliance with the Order of the Court of February 4, 1997 (supra Having Seen 2).

2.         That, according to the information submitted by the Commission, Ms. Dropatie Panday is aware of the deposit made in her name by the State (supra  Having Seen 5).

3.         That, although the Commission claimed that the deposited sum had still not been withdrawn by the beneficiaries, the Court considers that the State has fulfilled the requirements of the Judgment of January 21, 1994, by depositing the necessary amount in a special account in the name of the beneficiaries.

4.         That, in accordance with the above, it is appropriate to close the Gangaram Panday Case.

Now, Therefore:

The Inter-American Court of Human Rights,

by virtue of the powers conferred on it by Article 29 of its Rules of Procedure and in accordance with the provisions of Article 16(2) of those Rules,

Resolves:

1.         To declare that the State of Suriname has satisfactorily complied with the Judgment of the Inter-American Court of Human Rights of January 21, 1994.

2.         To close the Gangaram Panday Case.

3.         To include this Order in its 1998 Annual Report to the General Assembly of the Organization of American States.

 



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