After
almost one year of preparations and training, the first Moot Court Competition
(MCC) on the Inter-American Human Rights Protection System, was held in
Suriname, the only Dutch speaking member of the Organization of American
States. The MCC, an initiative of Moiwana'86-Human Rights Organization
Suriname en Anton De Kom University of Suriname, was a huge success. The
competition received wide spread attention of the media in both Suriname
and the Netherlands (Europe).
The
Committee started with the preparations for this first MCC in August 1998
and on January 8, 1999 in the conference room of the university the Dean
of the Faculty of Social Science, covering the Law school,Dr.
J. Breeveld and the representative of Moiwana'86, Dr. J. van Ewijk, officially
opened the trainingfor the participants.The
objective of the MCC is to make the human rights system of this western
hemisphere more widely known among university students, young lawyers,
attorneys, judges and other persons who are directly or not directly involved
in the field of human rights. Furthermore, the competition intended to
develop the oral and writing skills of the participants in the area of
human rights law, particularly as it is codified in the several mechanisms
of the Inter-American human rights protection system. To achieve the main
goal of the MCC, this unique training was offered as a special course at
the university. Only law students in their final stage of study, were able
to register for the course. Also young lawyers (within one year after graduation)
were allowed to register for this course.
The
participants were trained in several subjects among which general introduction
to Human Rights Law, Human Rights Law, Humanitarian Law, Human Rights Systems,
legal analysis, legal arguments and legal debating, presenting (speaking)
in public (to an audience), the Inter-American Human Rights Protection
System and the jurisprudence of the I-A Human Rights Protection System.
The participants also conducted visits to prisons, child homes, police
stations etc. Based on the workload the course was classified as a two
credit point course by the management of the university. The interest in
the course was enormous, since 42 persons registered for the course.Because
of the intensity of the course (classes)and
the work that was involved, a satisfying number of20
participants completed the training and were ready to orally challenge
one another while arguing a hypothetical human rights case before a panel
of judges. All 20 participants stated that they are very glad they continued
with the course, even though it was sometimes very difficultto
do so.
The
participantswere judged three times
during the training. Twice they had to send in a brief discussing a hypothetical
problem given to them by the Committee, either as petitioner or defending
state. Their oral presentation of their legal analysis of the final case
was the third time they were judged. This final judgment was made by a
panel of judges, persons who are knowledgeablein
the field of human rights law.
On
July 2, 1999 each couple selected their position, either petitioner or
defending state, to argue the case in front of the judges. The case Basdeo
Ricca et al also called Les Damnes de La Terre, was given to the participants
on the same day. On August 13, 1999 the memorials were handed in at the
Committee to be graded and on August 21, 1999 it was "fire work" in the
chambers of the lower court - Griffie der Kantongerechten - where the competition
took place.
All
participants argued twice before a different setting of judges anddifferent
opponents. The petitioner and defending state with the highest score in
this round, received the privilegedto
argue their case on August 28, 1999 before an "Elite Court" consisting
of eight widely known human rights scholars.
The
Elite Court consisted of:
Dr.
Jorge Taiana - Executive Secretary of the Inter-American Commission on
Human Rights;
Dr.
Leo Zwaak - Senior Lecturer at SIM (Human Rights Institute of the Netherlands)
of the University of Utrecht;
Fergus
Mackay LL.M. - International Lawyer specialized in rights of indigenous
people, workingfor the People Forrest
Program;
Henry
L. Mac Donald LL.M. - Former lecturer of the course Human Rights Law at
the University and currently II-nd Secretary at the Mission of Suriname
at the OAS;
Prof.
Dr. Ludwig Waaldijk LL.D. - Senior Lecturer International Criminal Law
at the ADEK University;
Albert
Ramnewash LL.M. - Judge at the Third Circuit at the High Court of Suriname;
Subhaas
Punwasi LL.M. -Sollicitator Generalat
the High Court of Suriname and Lecturer Criminal law at the University;
Freddy
Kruisland LL.M. -Attorney at the
High Court of Suriname.
The
Elite Court decided that the petitioners consisting of Mrs. Eloa van der
Hilst and Mrs. Margo Watervaldemonstrated
that they were more knowledgeable of the I-A Human Rights Protection System
than the agents of the state namely Mrs. Lydia Ravenberg and Mrs. Ilse
Krenten. The winning couple receivedthe
MCC Human Rights Award; an award that was designed by two well known artistsin
Suriname namely Mr. Soeki Irodikromo and Mr. Soekirman Kromoredjo. Important
are the two scholarships awarded to them by respectively The Washington
College of Law/American University in Washington DC and the University
of Utrecht/SIM in the Netherlands.
The
MCC awarded a "BEST ORALIST AWARD" to Mrs. Eline Graanoogst and the price
for "BEST MEMORIAL" was given to the couple Mrs. Lorette Patterson and
Mrs. Eline Graanoogst. All the participants demonstrated a very strong
interest in the human rights system of our hemisphere, which was the reason
that is was not an easy task to determine the finalists. The groups were
competing one another in a very close range.
One
can say that the main goal of the MCC has been achieved since the awareness
ofhuman rights law and in particular
the I-A system was indeed spread among the whole community of Suriname.
Several students, lawyers, attorneys and judges indicated that they believe
that the MCC was very helpful, since it contributed to their knowledge
ofthe Inter-American system. Almost
every one urged the organizing institutions to continue this project and
start another MCC as early as possible.