Law (Suriname)
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The legal system and administration of justice as well as the organization of the courts ( Rechterlijke Macht ) of the Republic of Suriname are regulated in the Surinamese Basic Law, there in Articles 131 to 148.
The judiciary takes place in the name of the republic based on applicable law, through independent judges and courts. Any interference in the investigation and prosecution of pending court cases is prohibited (Article 131, No. 1, 2 and 3).
Civil and commercial law, civil and military criminal law as well as the administration of justice are regulated by law by means of general codes. Unaffected by this, it is the responsibility of the legislative power ( legislature ) to enact separate laws on specific issues (Article 132).
Judicial power
Judicial power is exercised by the President and Vice-President of the Hof van Justitie (Court of Justice, here called Hof for short), the members and member representatives at the court, the Procureur-Generaal ( General Public Prosecutor ) at the court and the other members of the Openbaar Ministry ( public prosecutor's office ) and judges appointed by law (Article 133, No. 1).
In order to become a member of the judiciary with the power of jurisdiction or the main prosecutor (at the court), one must have reached the age of thirty. Furthermore, the possession of the Surinamese nationality, the place of residence and the main or actual residence in Suriname are required.
The judges and the chief prosecutor are appointed by the government on the proposal of the court. This appointment is for the life of the President, Vice-Presidents, Members and Chief Prosecutor of the Court (Article 141, Nos. 1 and 2).
Court of Justice
The highest judicial authority in Suriname is the court based in Paramaribo . The court oversees the proper handling of all legal cases in Suriname. He is responsible for appeals against judgments of the three cantonal courts as well as for abuse of office by political officials, civil servants and criminal cases against lawyers , notaries and bailiffs .
After the office of President and Vice-President at the court had been vacant for a good ten years, the following became:
- John Robert von Niesewand (2007) as President and
- Ewald S. Ombre (2008) appointed Vice President.
After John Robert von Niesewand's retirement on June 10, 2010:
- Ewald S. Ombre as President and
- Cynthia Valstein-Montnor sworn in as Vice President.
After Ewald S. Ombre retired, on January 1st, 2011:
- Cynthia Valstein-Montnor took over as acting president.
Constitutional court
As early as 1975, when it gained independence, the newly enacted Basic Law prescribed the installation of a constitutional court, comparable to the Federal Constitutional Court .
45 years later, on May 7, 2020, this courtyard was first installed by Vice President Ashwin Adhin . The members of the Constitutional Court are:
- Gloria Karg-Stirling (Chair),
- Kenneth Amoksi (Vice Chairman),
- Anoeradha Akkal-Ramautar (member),
- Rinette Djokarto (member),
- Maya Fokké-Manohar (member),
- Bien Sojo (substitute member),
- Jornell Vinkwolk (alternate member) and
- Roy Chitanie (alternate member).
The term of office of the Court is five years.
Article 144 of the Basic Law, which was revised in 1987, defines a constitutional court. The most important task of this court is to check whether existing laws are compatible with the Basic Law.
Cantonal Court
The cantonal court is the first instance of judicial power. There are a total of three cantonal courts which, like the Hof van Justitie as the court of appeal, all have their headquarters in Paramaribo.
- The first cantonal court exclusively deals with civil law from the districts: Paramaribo , Wanica , Para , Brokopondo , Commewijne and Saramacca .
- The second cantonal court deals exclusively with criminal matters from the Paramaribo and Commewijne districts.
- The third cantonal court deals with criminal and civil law that are not dealt with by the first or second cantonal court.
literature
- CFA Bruijning and J. Voorhoeve, (main editors): Encyclopedie van Suriname . Elsevier , Amsterdam and Brussel 1977, ISBN 90-10-01842-3 , p. 526 u. 527
Individual evidence
- ↑ Leden Constitutioneel Hof geïnstalleerd , StarNieuws, May 7, 2020. Dutch, accessed May 8, 2020.