(de Ware Tijd) PARAMARIBO – If the December murder trial is carried out according to the rules governing a constitutional state, it will have no other outcome than the acquittal of main suspect Desi Bouterse.
This chilling conclusion was made by Dutch jurist and philosopher Hendrik Kaptein, who, after making a thorough study of the complicated trial, presented a final conclusion for Suriname to end this case. The primary conditions in criminal law to arrive at a conviction of suspects are lacking in this case says Kaptein. He argues that there is no legally binding proof, no tangible evidence to single out offenders, no verifiable testimonies and credible witnesses.
Kaptein lectured on the theme (No) Amnesty for 1982: a way out for all involved parties. The jurist argued that even if some of the suspects would admit to their crimes, their testimonies would be worthless since it will be impossible to verify these. The crimes took place too long ago for any credible witnesses to remember the facts in the right order. Physical evidence to prove any involvement of whoever is also lacking. ‘Criminal law has strict requirements when it comes to proof. The Public Prosecutor’s Office has to present undeniable proof to the judge. This is not ideal, but a very strict requirement to which every judge adheres.’
In his lecture Kaptein focused purely on the technical, criminal side of the case, ignoring the emotional side. If the trial ends in an acquittal, it is understandable that many will be dissatisfied. Surviving relatives want to be satisfied, but they risk losing everything in case of an acquittal because criminal law does not recognize them as interested parties. A way out would be to follow Norway’s example where the state amply compensates surviving relatives. The State would become partly responsible for the crimes committed and has to apologize to the surviving relatives. The Public Prosecutor’s Office would then drop the case, the Amnesty Act would be worthless and there would be no need for a truth committee, because reliable testimonies would never surface.
