54 Convention. In light of the evidence available in the present Case, found in the information contained in the "Facts Set Forth" section above (supra para. 60), and in accordance with the established principle of iura novit curia, the Court concludes that the State of Trinidad and Tobago violated the right, enshrined in Articles 7(5) and 8(1) in conjunction with Articles 1(1) and 2 of the American Convention, to be tried within a reasonable time, to the detriment of Haniff Hilaire, George Constantine, Wenceslaus James, Denny Baptiste, Clarence Charles, Keiron Thomas, Wilson Prince, Darrin Roger Thomas, Mervyn Edmund, Martin Reid, Rodney Davis, Gangadeen Tahaloo, Noel Seepersad, Wayne Matthews, Alfred Frederick, Natasha De Leon, Vijay Mungroo, Phillip Chotalal, Naresh Boodram, Joey Ramiah, Nigel Mark, Wilberforce Bernard, Steve Mungroo, Peter Benjamin, Krishendath Seepersad, Allan Phillip, Narine Sooklal, Amir Mowlah, Mervyn Parris and Francis Mansingh. b) Similarly, this Tribunal finds sufficient evidence to conclude that in practice, persons convicted of murder do not have access to adequate legal assistance for the effective presentation of constitutional motions. Even though the right to present constitutional motions is protected in the legal system of Trinidad and Tobago, in the case of George Constantine, Wilson Prince, Mervyn Edmund, Martin Reid, Gangadeen Tahaloo, Noel Seepersad, Natasha De Leon, Phillip Chotalal, Wilberforce Bernard, Amir Mowlah and Mervyn Parris, the State impeded the use of this recourse by not providing the accused with the proper legal aid that would have allowed them to effectively exercise it, and the recourse was consequently rendered illusory. Thus, Articles 8 and 25 in relation to Article 1(1) of the American Convention were violated. c) The Court draws attention to the fact that Section 6 of the Constitution of the Republic of Trinidad and Tobago of 1976 establishes that no law in effect prior to the date the Constitution entered into force may be the object of constitutional challenge under Sections 4 and 5 (supra para. 84(f)). The Offences Against the Person Act is incompatible with the American Convention and thus any provision that establishes that Act’s immunity from challenge is likewise incompatible, by virtue of the fact that Trinidad and Tobago, as a party to the Convention at the time that the acts took place, cannot invoke provisions of its domestic law as justification for failure to comply with its international obligations. d) Finally, the Court does not consider it necessary to pronounce judgment on allegations by the Commission and the representatives of the victims of specific violations in certain cases in light of the fact that they are included within the broad nature of the violations already found of the American Convention. XI VIOLATION OF ARTICLE 5(1) AND 5(2) IN RELATION TO ARTICLE 1(1) OF THE AMERICAN CONVENTION (Detention Conditions) Contentions of the Commission 153) The Inter-American Commission alleged that the detention conditions to which twenty-one victims 136 in this case have been subjected to demonstrates a lack 136 The twenty-one victims referred to are: Keiron Thomas (Case No. 11,853), Anthony Garcia (Case No. 11,855), Darrin Roger Thomas (Case No. 12,021), Rodney Davis (Case No. 12,072), Gangadeen Tahaloo (Case No. 12,073), Noel Seepersad (Case No. 12,075), Wayne Matthews (Case No. 12,076),

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