According to one of his lawyers Milton Castelen, the core of the case is not whether his client is guilty of criminal offenses, but whether the criminal investigation was conducted correctly. "The procedure has infringed on his rights as a citizen", said the counsel in conversation with the newspaper. The case will be heard today and tomorrow at the Caribbean Court of Justice (CCJ)

Ramsamooj was summoned by the Surinamese police in October 2020 and volunteered, convinced that he had nothing to fear. Yet he was then detained for sixteen days, without having access to a lawyer. During the interrogation, he signed an official report in Dutch, a language he does not master. "You can't interrogate someone without legal assistance,", says the lawyer. "This undermines the fundamental right of every citizen to be assisted."

Lack of legal protection
According to the defense, there is a legal provision in Suriname that in practice restricts access to a lawyer during the first phase of the investigation. "In The Netherlands, that provision has long since been amended", explains the lawyer. "Since 2002, as soon as contact with the chosen lawyer is impossible, a lawyer must be appointed by the state. In Suriname, that guarantee is completely lacking."

As a result, suspects are often without legal protection during interrogations. "You see that people are called as witnesses and are suddenly treated as suspects during the conversation", says the lawyer. "That affects legal certainty and encourages abuse."

The case is being closely followed in the Caribbean, because it may have far-reaching consequences for the Surinamese legal system. If the Court were to rule that the procedure was unlawful, this would set a precedent, according to those involved. "It can be a guideline for future cases", says the lawyer. "It sends a clear warning that citizens must be protected by the law, not at the mercy of arbitrariness."

Legal observers point out that this case exposes the structural weaknesses in the Surinamese legal system. "In Suriname, the attitude often prevails: the law says so, so that's how we do it", notes an expert. "But that is not a development of the law. Citizens must be able to trust that their rights will be respected at every stage of an investigation."

If the Court declares the complaint well-founded, the issue could even be referred to the Organization of American States (OAS), which monitors human rights in the region. This would have consequences for the case not only nationally, but also internationally. "It's not just about one man", concludes the lawyer. "It's about the rule of law itself."