Trinidadian awarded US$30,000 for unlawful detention in Suriname

The Caribbean Court of Justice (CCJ), in its original jurisdiction, has found that Suriname breached the treaty-based rights of a Trinidadian national, Derek Anand Ramsamooj, after he was denied direct access to legal counsel during pre-trial detention.
In its decision in Derek Anand Ramsamooj v The State of Suriname and the Caribbean Community [2026] CCJ 2 (OJ), the court held that Ramsamooj’s treatment under restriction orders (beperking) violated minimum human rights standards that underpin the free movement and service-providing rights of Caricom nationals under the Revised Treaty of Chaguaramas framework.
The court awarded Ramsamooj US$30,000 in non-pecuniary damages.
Ramsamooj, a political consultant from Trinidad and Tobago, travelled regularly to Suriname since 2014 to provide consultancy services. On October 6, 2020, his passports were seized by Police. He was detained the following day in connection with a fraud investigation linked to the previous Surinamese Administration, for which he had worked.
He was held under two consecutive eight-day restraining orders without direct access to a lawyer. During detention, he was interrogated through a translator in Dutch and signed a statement that was later used in court as a confession. He remained in pre-trial detention until December 22, 2020, when he was released due to health concerns. His passports were returned in September 2022.
With special leave, Ramsamooj brought the case before the CCJ Original Jurisdiction, arguing that his detention conditions violated his rights to freedom of movement and to provide services under the Revised Treaty framework. The State of Suriname challenged the court’s jurisdiction over alleged human rights issues and argued that the restrictions were justified under public order provisions.
The court found that treaty rights of Caricom nationals must be exercised in line with minimum human rights standards. It held that access to legal counsel is a fundamental safeguard within those standards and is reflected in the constitutional traditions of Caricom Member States. The Court also noted that the Charter of Civil Society, while not binding, may assist in interpreting Community law and identifying general principles, referencing the Revised Treaty of Chaguaramas framework.
The court further ruled that the beperking regime, as applied, deprived Ramsamooj of legal access at critical stages, including interrogation and potential challenges to his detention. It concluded that Suriname’s domestic law permitting such deprivation without adequate safeguards fell below minimum Community standards and could not be justified under public order exceptions.
The court did not grant damages for medical expenses or issue a declaration on the right to provide services, citing insufficient evidence. However, it accepted expert evidence indicating that Ramsamooj suffered serious health complications during detention, which were likely aggravated by detention conditions.
In addition to the damages award, the court declared that any confession obtained during unlawful detention cannot be relied upon in future proceedings, though it noted that Suriname may proceed using independent and untainted evidence. Costs were also awarded to the claimant.