62
physical or moral integrity and by subjecting him to cruel, inhuman or degrading
punishment or treatment.
Contentions of the Representatives of the Alleged Victims
193) The victims’ representatives argued that if at the time the crime was
committed, Trinidad and Tobago had a classification system for murder similar to
that adopted in Jamaica under its Amendment to the Offences Against the Person Act
of 1992, Joey Ramiah would not have faced capital punishment, but rather would
have been sentenced for a lesser crime.
194) In addition, the representatives stated that before being condemned to death,
Joey Ramiah did not have an opportunity to present evidence of mitigating factors to
any court, tribunal or other body with jurisdiction to grant him amnesty, pardon or
commutation of sentence according to the dictates of Article 4(6) of the Convention.
195) Finally, the representatives stated that the automatic imposition of the
"mandatory death penalty" in the case of Joey Ramiah constitutes a violation of
Articles 2, 4(1), 4(2), 4(6), 5(1), 5(2), 7(5) and 8(1) of the American Convention.
*
*
*
Assessment of the Court
196) In an Order dated May 25, 1999, the Court directed Trinidad and Tobago to
take all necessary measures to preserve the life of Joey Ramiah, among others
(supra para. 29), so that his case could continue being processed before the interAmerican system, specifically before the Commission. 145 This request was reiterated
by the Court and its President in later Orders. 146
197) Despite the Provisional Measures expressly ordered by the Court, the State
executed Joey Ramiah on June 4, 1999. On June 7, 1999, the Commission advised
the Court of this execution. 147 Despite having been duly notified by the Court, the
State claimed that it had not received any order related to the adoption of protective
measures in favour of Joey Ramiah. 148
198) The Court finds that the execution of Joey Ramiah by Trinidad and Tobago
constitutes an arbitrary deprivation of the right to life. This situation is aggravated
145
Cf. I/A Court H.R., James et al. Provisional Measures. Order of May 25, 1999. Series E No. 2, Operative
Paragraph 2(b).
146
Cf. I/A Court H.R., James et al. Provisional Measures. Order of June 14, 1998, August 29, 1998 and May
25, 1999. Series E No. 2.
147
Cf. I/A Court H.R., James et al. Provisional Measures. Order of August 16, 2000. Series E No. 3, having
seen 1 and 4.
148
Statement from the State of September 4, 2000, in which it presented information about the
circumstances that led to the execution of Joey Ramiah, Cf. I/A Court H.R., James et al. Provisional Measures.
Order of November 24, 2000. Series E No. 3, having seen 3.
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