7
violation of Article 1(1) of the Convention, by failing to provide these victims
with an effective right to apply for amnesty, pardon or commutation of
sentence.
3)
violating the rights of the victims in Cases Nos. 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) to be tried
within a reasonable time and to a fair trial under Articles 7(5) and 8(1) of the
Convention, in conjunction with the violation of Article 1(1) of the Convention,
by reason of the delays in the victims’ criminal proceedings.
4)
violating the rights of the victims in Cases Nos. 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
25 of the Convention, together with the State’s obligations under Article 2 of
the Convention, all in conjunction with the violation of Article 1(1) of the
Convention, by failing to adopt legislative or other measures necessary to give
effect to the right to be tried within a reasonable time under Articles 7(5) and
8(1) of the Convention.
5)
violating the rights of the victims in Cases Nos. 12,149 (Krishendath
Seepersad), 12,152 (Narine Sooklal), 12,153 (Amir Mowlah), 12,156 (Mervyn
Parris) and 12,157 (Francis Mansingh) under Articles 5(1) and 5(2) of the
Convention, in conjunction with the violation of Article 1(1) of the Convention,
by reason of the victims’ conditions of detention.
6)
violating the right of the victim in Case No. 12,157 (Francis Mansingh) under
Article 5(4) of the Convention, in conjunction with the violation of Article 1(1)
of the Convention, to be segregated from convicted persons, save in
exceptional circumstances.
7)
violating the right of the victim in Case No. 12,149 (Krishendath Seepersad)
under Article 5(6) of the Convention, in conjunction with the violation of Article
1(1) of the Convention, to have as an essential aim of his deprivation his
reform and social readaptation.
8)
violating the right of the victim in Case No. 12,148 (Peter Benjamin) under
Article 8(1) of the Convention, in conjunction with the violation of Article 1(1)
of the Convention, by failing to provide the victim with a mechanism for the
victim’s conviction to be reevaluated in the light of potentially exculpatory
evidence.
9)
violating the rights of the victim in Case No. 12,152 (Narine Sookal) under
Article 8(2)(d) of the Convention, in conjunction with the violation of Article
1(1) of the Convention, by reason of the delay in permitting the victim to
contact an attorney following his arrest.
10)
violating the rights of the victims in Cases Nos. 12,153 (Amir Mowlah) and
12,156 (Mervyn Parris) under Articles 8 and 25 of the Convention, in
conjunction with the violation of Article 1(1) of the Convention, by failing to
make effective legal aid available to these victims to pursue constitutional
motions in the domestic courts in connection with their criminal proceedings.
B.
Reparations
The Inter-American Commission on Human Rights respectfully petitions the Honorable
Inter-American Court of Human Rights to:
Direct that the Republic of Trinidad and Tobago grant the victims in Cases Nos. 12,149
(Krishendath Seepersad), 12,151 (Alan Phillip), 12,152 (Narine Sooklal), 12,153 (Amir
Mowlah), 12,156 (Mervyn Parris) and 12,157 (Francis Mansingh) an effective remedy
which includes commutation of sentence and compensation;
Direct that the Republic of Trinidad and Tobago grant the victim in Case No. 12,148
(Peter Benjamin) an effective remedy which includes a re-trial in accordance with the