6
10)
On May 27, 1999, the Court ordered the State, inter alia, to take all measures
necessary to preserve the lives of Peter Benjamin, Krishendath Seepersad, Allan
Phillip, Narine Sooklal, and Amir Mowlah, so as not to hinder the processing of their
cases before the Inter-American System.
11)
On June 18, 1999, the Commission transmitted to the Court a request to
further expand the provisional measures issued by the Court in the matter James et
al. to include Messrs. Mervyn Parris and Francis Mansingh. As in the abovementioned
cases (supra 9), the Commission considered that the circumstances were similar to
those of the other inmates to whom the existing Order for provisional measures
applied in Trinidad and Tobago, because the executions of the said persons were
imminent and they were therefore vulnerable to irreparable harm.
12)
On June 19, 1999, the President of the Court (hereinafter “the President”)
decided to expand the provisional measures in the matter of James et al. to include
Messrs. Mervyn Parris and Francis Mansingh; and requested Trinidad and Tobago to
take all measures necessary to preserve their lives, so that the Court could examine
the pertinence of the Commission’s request. On September 25, 1999, the Court
ratified the President’s Order of June 19, 1999 in relation to Messrs. Mervyn Parris
and Francis Mansingh.
13)
As of this date, the State has presented the relevant reports with respect to
the situation of the persons protected, and the Commission has delivered its
observations on the State’s reports.
V
PROCEEDING BEFORE THE COURT
14)
On October 5, 2000, the Inter-American Commission filed its application in
the following terms:
The Inter-American Commission on Human Rights respectfully petitions the Honorable
Inter-American Court of Human Rights to declare violations of the Convention by the
State, establish reparations for those violations, and determine costs and expenses to
be paid to the representatives of the victims.
A.
Declarations of violations
The Inter-American Commission on Human Rights respectfully petitions the Honorable
Inter-American Court of Human Rights to:
Find that the Republic of Trinidad and Tobago is responsible for:
1)
violating the rights of the victims in Cases Nos. 12,148 (Peter Benjamin),
12,149 (Krishendath Seepersad), 12,151 (Allan Phillip), 12,152 (Narine
Sooklal), 12,153 (Amir Mowlah), 12,156 (Mervyn Parris) and 12,157 (Francis
Mansingh) under Articles 4(1), 5(1), 5(2) and 8(1) of the American Convention,
by sentencing these victims to a mandatory death penalty.
2)
violating the rights of the victims in Cases Nos. 12,148 (Peter Benjamin),
12,149 (Krishendath Seepersad), 12,151 (Allan Phillip), 12,152 (Narine
Sooklal), 12,153 (Amir Mowlah), 12,156 (Mervyn Parris) and 12,157 (Francis
Mansingh) under Article 4(6) of the Convention, in conjunction with the