9
i)
that Trinidad and Tobago commute the death sentences of twenty-eight of
the alleged victims, 9 and verify that the death sentence of Wayne
Matthews (Case No. 12,076) has been effectively commuted as previously
undertaken by the State;
ii) that Trinidad and Tobago grant Martin Reid (Case No. 12,052) and Peter
Benjamin (Case No. 12,148) effective remedies to refer their cases to the
Court of Appeal, in order that their convictions may be reviewed in full
accordance with due process guarantees;
iii) that Trinidad and Tobago provide adequate compensation to the next of
kin of Joey Ramiah (Case No. 12,129) by reason of his execution on June
4, 1999;
iv) that the State adopt such legislative or other measures as may be
necessary to ensure respect for the Convention's guarantees when
imposing the death penalty: an effective right to apply for amnesty,
pardon or commutation of sentence; respect for the minimum standards
governing the humane treatment of prisoners; the right to be tried within
a reasonable time; the right to fair trial guarantees; and the right to
judicial protection; and
v) that Trinidad and Tobago pay reasonable compensation to the
representatives of the alleged victims (hereinafter "the representatives of
the alleged victims" or "the representatives") for the expenses generated
by presenting and processing the case before the Inter-American Court.
7)
Finally, both in its Application and its written submission on final allegations,
the Commission requested that the State be ordered to pay the costs of the
proceedings.
Representatives of the Alleged Victims
8)
In their final written submissions, the representatives of the alleged victims
argued that the State has failed to respect the rights and freedoms recognised under
the American Convention of the persons included in the present Case. In general
terms, the aforementioned representatives grouped their claims as follows: a)
"mandatory death penalty"; b) classification of degrees of criminal culpability; c)
individualised sentencing; d) commutation or mercy procedure; e) delay in the
processing of the cases; f) prison conditions; and g) due process guarantees.
9
The twenty-eight cases refer to: Haniff Hilaire (Case No. 11,816), George Constantine (Case No.
11,787), Wenceslaus James (Case No. 11,814), Denny Baptiste (Case No. 11,840), Clarence Charles
(Case No. 11,851), Keiron Thomas (Case No. 11,853), Anthony Garcia (Case No. 11,855), Wilson Prince
(Case No. 12,005), Darrin Roger Thomas (Case No. 12,021), Mervyn Edmund (Case No. 12,042), Samuel
Winchester (Case No. 12,043), Rodney Davis (Case No. 12,072), Gangadeen Tahaloo (Case No. 12,073),
Noel Seepersad (Case No. 12,075), 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 (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), Allan Phillip (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).