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of respect for their physical, mental and moral integrity, and that the victims have
additionally been subjected to cruel, inhuman or degrading treatment or punishment,
in violation of Article 5(1) and 5(2) of the Convention in conjunction with Article
1(1).
154) The Commission stated that, during their pre-trial detention, the victims
suffered from serious overcrowding, which forced them to sleep sitting or standing
up.
Moreover, the cells lacked adequate hygiene, natural light and sufficient
ventilation, aggravated by the fact that the victims were confined in these conditions
for at least twenty-three hours a day.
155) With respect to their post-conviction detention, the Commission stated that
the victims have been kept in solitary confinement and that opportunities to leave to
get fresh air or exercise are rare. In these circumstances, the victims have no
educational or recreational facilities. Access to medical and dental services for some
of the victims has been inadequate since visits by medical and dental personnel are
rare and requests for attention have often not been met.
156) The Inter-American Commission stated that the victims have suffered these
conditions for extensive periods of time, and therefore the State has failed to ensure
respect for the dignity inherent to all human beings in all circumstances, as well as
their right not to be subjected to cruel, inhuman or degrading treatment or
punishment.
157) The Commission also alleged that the State of Trinidad and Tobago violated
Article 5(4) with respect to Francis Mansingh due to the fact that before his trial, he
was held in a cell with prisoners who had already been convicted of murder and were
awaiting the resolution of their appeals.
158) Finally, the Commission alleged that the State did not make any attempt to
reform or socially readapt Haniff Hilaire and Krishendath Seepersad, which
constitutes a violation of Article 5(6) of the Convention. Specifically, they were not
taught to read or write, nor were they given any training on violence prevention and
control. The Commission stated that for persons sentenced to death, the possibility
of the death sentence being revoked or commuted continues until all appeals have
been exhausted. Therefore, it stated that during this transitional period, there
should be no discrimination in providing opportunities for reform or social readaptation based solely on the fact that these prisoners were sentenced to death.
Contentions of the Representatives of the Alleged Victims
159) The representatives agreed with the Commission’s arguments and stated that
the cells receive little or no natural light, the sanitation facilities are primitive and
degrading, the accused in pre-trial detention are kept in overcrowded, tiny cells, there
is no opportunity for those awaiting the death penalty to work, time for exercise is
very limited, and medical facilities are virtually nonexistent.
Alfred Frederick (Case No. 12,082), Natasha De Leon (Case No. 12,093), 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),
Krishendath Seepersad (Case No. 12,149), 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).