The final verdict in the trial over the December murders will be pronounced in the hearing this Wednesday, from 1 p.m. Dutch time. Lawyer Hugo Essed will be in the courtroom on behalf of the relatives.
Suppose the judge decides to uphold the existing court-martial sentence of 20 years in prison on appeal, will Bouterse be arrested?
“Look, two separate things have been requested by the Public Prosecution Service. First of all, to confirm the verdict of the Court Martial [dus de twintig jaar celstraf]. But the Public Prosecution Service has also requested an ‘order for immediate arrest’. This is not part of the judgment but an extra addition. The Court will therefore have to decide on this separately.”
Also read
Surinamese youth about the December murders: ‘The history teacher skipped the subject’
But does that mean in theory that the judge can only rule on the verdict, for example, without ruling on the addition ‘order for immediate arrest’?
“Yes, that would be possible. Then only the court martial verdict of twenty years in prison remains standing and that sentence would then have to be executed by the Public Prosecution Service. However, it is then up to the Attorney General to determine when and under what circumstances the sentence should be carried out. This does not have to be immediately. However, if the Court decides that the addition ‘order for immediate arrest’ must also be carried out, Bouterse must be arrested immediately.”
According to Article 109 of the Constitution, the president can pardon “after obtaining the opinion of the judge who delivered the sentence.” In addition, there is the Code of Criminal Procedure, says Essed.
“There is a rule that if you have been convicted and not yet imprisoned, you can apply for pardon. Then the ‘execution of the judgment’ is suspended. As far as I know, that option has never been used. However, the suspension relates to the verdict of the Court Martial, but not to the arrest order of the Public Prosecution Service,” says Essed, who refers to Articles 487 and 484 of the Code of Criminal Procedure.
“That is why I think it was smart of the Public Prosecution Service to separate the two cases. Suppose the verdict goes against Bouterse and he is sentenced to 20 years in prison, his lawyer can submit a request for clemency. But if the highest court also grants the detention order, then it must be carried out immediately. An order cannot be pardoned,” said Essed, who adds that other lawyers may think differently.
Regardless of all these legal options, Essed believes that Bouterse will be convicted on Wednesday in accordance with the Public Prosecution Service’s demand. “He was able to make use of all legal options for 16 years. If there is anyone in Suriname who has received a fair trial, it is Bouterse.”
Reading list