50
time, and has preserved immunity from constitutional challenge of "existing laws,"
which were in force before the enactment of the Trinidadian Constitution.
135) In regard to the violation of Articles 8 and 25 of the Convention, in
conjunction with Article 1(1), the victims’ representatives adopt the same reasoning
as the Commission in relation to the right of every individual to present constitutional
motions, which permit, to some extent, further consideration of their cases and
sentences.
136) Moreover, the representatives of the victims alleged that Article 8 of the
American Convention was violated in four specific cases: 1) Narine Sooklal was not
allowed to contact a lawyer after his arrest, which constitutes a violation of Article
8(2)(d) of the Convention; 2) Keiron Thomas was represented in his appeal by a
lawyer whom he had expressly dismissed, leading to a violation of Article 8(2)(d)
and 8(2)(e); 3) in the trial of Martin Reid, certain evidence favourable to the victim’s
defence was not disclosed, in violation of Article 8(2)(c) of the Convention; and 4) in
the case of Peter Benjamin, there was a discrepancy between the gauge of
Benjamin’s weapon and the gauge of the murder weapon; the failure to give this
evidence due consideration constitutes a violation of Article 8(2)(d).
*
*
*
Assessment of the Court
137)
Article 8 of the Convention provides that:
1.
Every person has the right to a hearing, with due guarantees and within a
reasonable time, by a competent, independent, and impartial tribunal, previously
established by law, in the substantiation of any accusation of a criminal nature made
against him or for the determination of his rights and obligations of a civil, labor, fiscal,
or any other nature.
2.
Every person accused of a criminal offense has the right to be presumed
innocent so long as his guilt has not been proven according to law. During the
proceedings, every person is entitled, with full equality, to the following minimum
guarantees:
[…]
c.
adequate time and means for the preparation of his defense;
d.
the right of the accused to defend himself personally or to be assisted by legal
counsel of his own choosing, and to communicate freely and privately with his counsel;
e.
the inalienable right to be assisted by counsel provided by the state, paid or not
as the domestic law provides, if the accused does not defend himself personally or
engage his own counsel within the time period established by law;
[…]
138)
Likewise, Article 7(5) of the American Convention provides that
[a]ny person detained shall be brought promptly before a judge or other officer
authorized by law to exercise judicial power and shall be entitled to trial within a