10
9)
The representatives also stated that they agreed with the Commission’s
pleadings and requested that in the case of Joey Ramiah (supra para. 5(b)), the
Court declare a gross violation of his rights and order just and appropriate
compensation to his next of kin.
10)
In relation to eventual reparations, the representatives of the alleged victims
primarily seek commutation of the death sentences due to the "mandatory" nature of
its imposition and/or the "mandatory" nature of its imposition together with other
breaches of the American Convention, such as the State’s delay in bringing the
alleged victims to trial and the "appalling" pre and post-conviction detention
conditions to which they have been subjected.
11)
As a basis for their claims, both the representatives of the alleged victims and
the Commission alleged a series of acts and omissions of the State of Trinidad and
Tobago, that the Court will address and assess the probative evidentiary value
thereof.
II
JURISDICTION OF THE COURT
12)
Trinidad and Tobago deposited its instrument of ratification of the American
Convention on May 28, 1991.
On that same day, the State recognised the
compulsory jurisdiction of the Court.
13)
On May 26, 1998, Trinidad and Tobago denounced the Convention and the
denunciation became effective one year later, as of May 26, 1999, pursuant to Article
78 of the Convention. The facts referred to in the present Case occurred before the
State's denunciation took effect.
14)
The State of Trinidad and Tobago challenged the Court's jurisdiction to hear
the present Case by way of the submission of a preliminary objection in the Hilaire,
Constantine et al., and Benjamin et al. Cases, which were being processed
separately at that time (infra para. 37). This preliminary objection was dismissed by
the Court in its judgments of September 1, 2001 (infra para. 40).
15)
that:
In this way, the Court held in its judgments on preliminary objections
[…] Trinidad and Tobago cannot prevail in the limitation included in its
instrument of acceptance of the optional clause of the mandatory
jurisdiction of the Inter-American Court of Human Rights in virtue of
what has been established in Article 62 of the American Convention,
because this limitation is incompatible with the object and purpose of
the Convention. 10
16)
Notwithstanding the fact that the Inter-American Court is fully competent to
hear the present Case, as it indicated in the judgments on preliminary objections
10
I/A Court H.R., Hilaire Case. Preliminary Objections. Judgment of September 1, 2001. Series C
No. 80, para. 98; I/A Court H.R., Benjamin et al. Case. Preliminary Objections. Judgment of September 1,
2001. Series C No. 81, para. 89; and I/A Court H.R., Constantine et al. Case. Preliminary Objections.
Judgment of September 1, 2001. Series C No. 82, para. 89.