00:00The Caribbean Court of Justice has ruled in favor of Trinidad and Tobago political analyst and consultant Derek Ramsamouj,
00:08finding that his detention in Suriname violated his rights under the revised treaty of Shagaramas.
00:14Ramsamouj was arrested in October 2020 during a fraud investigation linked to his consultancy work for the former Surinamese government.
00:24He was held for weeks under beperking orders restricting his access to legal counsel during key stages of interrogation.
00:33The court found that denying access to a lawyer during police interrogation and detention undermined the very foundation of CARICOM
00:41free movement rights.
00:42It ruled that community law requires a minimum standard of human rights, including early and effective access to legal counsel.
00:51Without that protection, the court said treaty rights, such as freedom of movement, became ineffective in practice.
00:57The judge also rejected Suriname's argument that national security and public order justified the restrictions under Article 226 of the
01:07treaty.
01:07The court said such powers cannot override fundamental legal safeguards, especially where detention procedures fail to meet basic human rights
01:17standards.
01:17It also drew on international legal principles, including European human rights case law,
01:23to reinforce the importance of access to counsel from the earliest stage of detention.
01:29While the court did not rule on all the claims, it found that Ramsamouj suffered serious physical and emotional harm
01:36during his detention,
01:37including a deterioration in his health.
01:40Medical evidence accepted by the court showed he experienced a coronary event and stroke-like symptoms during custody.
01:47The court awarded Ramsamouj $30,000 in non-pecuniary damages and ordered that any confession obtained during the period of
01:57unlawful detention cannot be used in criminal proceedings.
02:01However, it stressed that Suriname may still pursue charges based on independent and lawful evidence.
02:07The ruling is being described as a significant development in CARICOM law,
02:12reinforcing that freedom of movement is not just about crossing borders,
02:15but also about the legal protections that must exist once a person is within a member state.
02:21The judgment is expected to have wider implications across the region,
02:25particularly for criminal procedure laws and detention practices within CARICOM member states.
02:30For Ramsamouj, the court's ruling marks a legal victory nearly six years after his arrest,
02:36but his underlying criminal case in Suriname remains ongoing.
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