8
measures necessary to make effective the right to be tried within a
reasonable time under Articles 7(5) and 8(1) of the Convention;
f)
violation of the rights under Article 5(1) and 5(2) of the Convention, in
relation to Article 1(1), by reason of the twenty-one alleged victims’ 7
treatment and conditions of detention during their criminal proceedings;
g) violation of the right of Francis Mansingh (Case No. 12,157) prior to being
convicted, to be detained separately from convicted inmates under Articles
5(4) and 1(1) of the Convention, and of Krishendath Seepersad (Case No.
12,149) and Haniff Hilaire (Case No. 11,816) under Articles 5(6) and 1(1)
of the Convention, to have as an essential aim of their punishment their
reform and social re-adaptation;
h) violation of the rights of Martin Reid (Case No. 12,052) under Articles
8(1), 8(2)(c), and 1(1) of the Convention, and of Peter Benjamin (Case
No. 12,148) under Articles 8(1) and 1(1) of the Convention, as a
consequence of the defects in the fairness of the trials that led to their
convictions;
i)
violation of the rights of Keiron Thomas (Case No. 11,853) and Narine
Sooklal (Case No. 12,152) under Article 8(1) and 8(2), in relation to the
violation of Article 1(1) of the Convention, due to errors committed in
their pre-trial and appeal proceedings; and
j)
violation of the rights of eleven of the alleged victims 8 under Articles 8
and 25 of the Convention, in relation to Article 1(1) of the same, by failing
to provide effective legal aid for the purpose of pursuing constitutional
motions to protect their rights.
6)
In its final written submissions on the merits and eventual reparations, the
Commission reiterated its request for a declaration of the international responsibility
of the State for the alleged violations mentioned in the previous paragraph and
requested that the Court order the following "other forms of reparation":
(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).
7
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), 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).
8
The eleven alleged victims are: George Constantine (Case No. 11,787), Wilson Prince (Case No.
12,005), Mervyn Edmund (Case No. 12,042), Martin Reid (Case No. 12,052), Gangadeen Tahaloo (Case
No. 12,073), Noel Seepersad (Case No. 12,075), Natasha De Leon (Case No. 12,093), Phillip Chotalal
(Case No. 12,112), Wilberforce Bernard (Case No. 12,140), Amir Mowlah (Case No. 12,153), and Mervyn
Parris (Case No. 12,156).