In the Case of Hilaire, Constantine and Benjamin et al. v. Trinidad and Tobago, the Inter-American Court found that the Offences Against the Person Act of 1925 prevents the judge from considering the basic circumstances in establishing the degree of culpability and individualizing the sentence since it compels the indiscriminate imposition of the same punishment for conduct that can be vastly different. In the instant case, the mandatory death penalty set forth in the Offences Against the Person Act was applied to Messrs. Dial and Dottin in February 1997, while the American Convention was in force. In its Report on the Merits the Commission further noted that Trinidad and Tobago still retains the mandatory death penalty. The Commission reaffirmed that imposing a mandatory penalty of death for all crimes of murder contravenes the prohibition of arbitrary deprivation of the right to life recognized in Article 4(1) of the Convention, as it fails to individualize the sentence in conformity with the characteristics of the crime, as well as the participation and degree of culpability of the accused, according to Article 4(2) of the same instrument. The Commission concluded that the State of Trinidad and Tobago, by denying an individualized sentencing and the opportunity to present mitigating evidence, violated the victims’ rights under Articles 4.1, 4.2, 5.1, 5.2, 8.1 and 25 of the American Convention, in relation to Articles 1.1 and 2. Further, given that the imposition of the mandatory death penalty continued after the entry into force of the denunciation of the American Convention, and until August 15, 2008, when the sentences of death were commuted to life imprisonment, the State has also violated Articles I, XVIII and XXVI of the American Declaration. The IACHR further noted that important doubts existed about the gun used in the killing. It noted in this regard that the Privy Council made further observations on discrepancies, specific to ballistics evidence, and noted that where defense counsel attempted to address the matter, it was without effect. The Commission concluded that the lack of a serious analysis of the inconsistencies in the evidence constitutes a violation of the right of Messrs. Dial and Dottin to due process, particularly, regarding the right to provide a reasoned judgment and the principle of presumption of innocence. It also concluded that the lack of an effective remedy regarding those inconsistencies violated the right to judicial protection. The Commission further found that the State failed to try the victims within a reasonable time. The Commission also concluded that, during five or six years, Messrs. Dial and Dottin remained on death row despite the existence of jurisprudence that allowed them to have their sentences commuted, and therefore benefit from rehabilitation programs. Trinidad and Tobago thus failed to guarantee that the victims could effectively exercise their right to have their death sentence commuted. Given that these facts took place after the entry into force of the denunciation of the American Convention by Trinidad and Tobago, the Commission found that they constituted a violation to the victims’ rights to due process and judicial protection under the American Declaration. The IACHR further concluded that Messrs. Dial and Dottin’s deprivation of liberty on death row for nearly 11 years, as well as the inhumane prison conditions, constituted a violation to the right to humane treatment, and not to receive cruel, infamous or unusual punishment. Based on these considerations, the Commission found that Trinidad and Tobago is responsible for the violation of Articles 4.1, 4.2, 4.6, 5.1, 5.2, 7.5, 8.1, 8.2 and 25.1 of the American Convention, in relation to its obligations established in Articles 1.1 and 2, and Articles I (life), XI (health and wellbeing), XVIII (fair trial), XXV (protection from arbitrary arrest) and XXVI (due process of law) of the American Declaration. The State of Trinidad and Tobago deposited the instrument of ratification of the American Convention on Human Rights and accepted the contentious jurisdiction of the Inter-American Court on May 28, 1991. Trinidad and Tobago subsequently denounced the American Convention by notice given on May 26, 1998, which entered into force on May 26, 1999, in accordance with Article 78 of the American Convention. The Commission has appointed Commissioner Edgar Stuardo Ralón Orellana and Executive Secretary Tania Reneaum Panszi as its delegates. In addition, Marisol Blanchard Vera, Assistant Executive Secretary, Jorge Humberto Meza Flores, Analía Banfi Vique and Thalassa Cox, specialists of the Executive Secretariat of the IACHR, will act as its legal advisors. 2