37
j)
In the cases of several of the alleged victims (infra para. 152(a) and
152(b)), due process guarantees before trial, during trial, and on
appeal were not respected by reason of various factors such as
unjustified delay of the proceedings and the unavailability of legal aid,
experts and other kinds of specialized assistance.
k)
The Constitution of the Republic of Trinidad and Tobago does not
stipulate trial within a reasonable time as part of due process
guarantees. 97
l)
The victims in thirty cases 98 were detained by the authorities of
Trinidad and Tobago for periods lasting from a minimum of four years
(Peter Benjamin) up to a maximum period of eleven years and nine
months (Wayne Matthews) from the time of their arrest to the
resolution of their final appeal (supra para. 60 and infra para. 152(a)).
m)
All of the victims' pre and post trial detention took place in grossly
overpopulated and unhygienic conditions. As to pre-trial detention
conditions, their cells, referred to as "F2" cells, lack sufficient
ventilation and natural light. Along with the showers used by the
victims, they are located in close proximity to the execution chamber
(gallows). The prisoners do not have adequate nutrition, medical
services or recreation, which only exacerbates the state of mental
anguish in which they live (supra paras. 76(b) and 77(c)).
n)
Only twenty-one of the alleged victims in this case 99 have maintained
that they were imprisoned under conditions of overcrowding,
97
Ibid., Section 4, supra note 94 and Expert Witness Testimony of Desmond Allum, supra para.
77(a). See also analysis of Thomas and Hilaire vs. Baptiste et al., Privy Council Appeal No. 60 of 1998 in
"Haniff Hilaire (11,816) v. Trinidad and Tobago, Exhibits to the Application of the Inter-American
Commission," Exhibit 8, Vol. II, pp. 726-765; "George Constantine et al. v. Trinidad and Tobago, Exhibits
to the Application of the Inter-American Commission," Exhibit 30, Vol. VII, pp. 3892-3925; and "Peter
Benjamin et al. v. Trinidad and Tobago, Exhibits to the Application of the Inter-American Commission,"
Exhibit 14, Vol. IV, pp. 1357-1391.
98
The thirty alleged victims whom this concerns are: Haniff Hilaire (Case No. 11,816), George
Constantine (Case No. 11,787), Wenceslaus James (Case No. 11,814), Denny Baptiste (Case No. 11,840),
Clarence Charles (Case No. 11,851), Keiron Thomas (Case No. 11,853), Wilson Prince (Case No. 12,005),
Darrin Roger Thomas (Case No. 12,021), Mervyn Edmund (Case No. 12,042), Martin Reid (Case No.
12,052), Rodney Davis (Case No. 12,072), Gangadeen Tahaloo (Case No. 12,073), Noel Seepersad (Case
No. 12,075), Wayne Matthews (Case No. 12,076), Alfred Frederick (Case No. 12,082), Natasha de Leon
(Case No. 12,093), Vijay Mungroo (Case No. 12,111), Philip Chotalal (Case No. 12,112), Naresh Boodram
(Case No. 12,129), Joey Ramiah (Case No. 12,129), Nigel Mark (Case No. 12,137), Wilberforce Bernard
(Case No. 12,140), Steve Mungroo (Case No. 12,141), Peter Benjamin (Case No. 12,148), Krishendath
Seepersad (Case No. 12,149), Allan Phillip (Case No. 12,151), Narine Sooklal (Case No. 12,152), Amir
Mowlah (Case No. 12,153), Mervyn Parris (Case No. 12,156) and Francis Mansingh (Case No. 12,157).
99
The twenty-one alleged victims are: Keiron Thomas (Case No. 11,853), Anthony Garcia (Case
No. 11,855), Darrin Roger Thomas (Case No. 12,021), Samuel Winchester (Case No. 12,043), Rodney
Davis (Case No. 12,072), Gangadeen Tahaloo (Case No. 12,073), Noel Seepersad (Case No. 12,075),
Wayne Matthews (Case No. 12,076), Alfred Frederick (Case No. 12,082), Vijay Mungroo (Case No.
12,111), Phillip Chotalal (Case No. 12,112), Naresh Boodram and Joey Ramiah (Case No. 12,129), Nigel
Mark (Case No. 12,137), Wilberforce Bernard (Case No. 12,140), Steve Mungroo (Case No. 12,141),