June 23, 2021 REF.: Case Nº 12.145 Kevin Dial and Andrew Dottin Trinidad and Tobago Mr. Secretary: I have the pleasure to address you, on behalf of the Inter-American Commission on Human Rights, in order to submit to the jurisdiction of the Honorable Inter-American Court of Human Rights, Case No. 12.145 Kevin Dial and Andrew Dottin, of the Republic of Trinidad and Tobago (hereinafter "the State" or "Trinidad and Tobago") regarding the international responsibility of the State for the imposition of the mandatory death penalty against Kevin Dial and Andrew Dottin. Kevin Dial and Andrew Dottin were arrested by the police on February 24, 1995, and charged with the February 20, 1995, murder of Junior Baptiste, primarily based on the identification evidence of Baptiste’s elder brother. On January 21, 1997, they were convicted and sentenced to the mandatory death penalty by the High Court of Justice in Port of Spain. The convictions were affirmed by the Court of Appeal on October 16, 1997. Further appeals to the Board of the Privy Council were dismissed. According to the information provided by the petitioners, not contested by the State, on January 12, 2005, state authorities confirmed in writing that the Government of Trinidad and Tobago had accepted the Judicial Committee of the Privy Council (“Privy Council” or JCPC) decision in Charles Matthew, and would commute the sentences of those affected, which included Kevin Dial and Andrew Dottin. However, local media reported in June 2005 indicating that the Advisory Committee on the Power of Pardon were scheduled to consider the death row inmates’ case, which was followed by a statement by the Attorney General to the House of Representatives on June 6, 2005, outlining his intention to execute all those on death row. On June 10, 2005, the Ministry of National Security informed the victims in writing of its intention to convene hearings in respect of their sentences to consider issuing warrants of execution; and it also indicated its intention to begin executions as early as June 14, 2005. A constitutional motion was filed on June 13, 2005, for a declaration that execution would be unlawful. A conservatory order was granted by the Port of Spain High Court on June 13, 2005, imposing temporary stays on execution. The constitutional motion was granted and on August 15, 2008, the sentences of the victims were commuted to life imprisonment. In its Report on the Merits, the Inter-American Commission recalled that, according to the longstanding jurisprudence of the IACHR and the Inter-American Court, the mandatory death penalty, that is, the imposition of the death penalty upon conviction for a crime, without an opportunity for presenting and considering mitigating circumstances in the sentencing process, contravenes the American Convention on Human Rights (the “American Convention”) and the American Declaration on the Rights and Duties of Man (“the American Declaration”). Mr. Pablo Saavedra Alessandri Secretary Inter-American Court of Human Rights San José, Costa Rica

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