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judicial authorities; remission of the cases of two other alleged victims to the Court
of Appeal of Trinidad and Tobago; compensation for the harm caused by the
execution of the death penalty of Joey Ramiah; commutation of the death sentence
in the cases of the remaining victims; adoption of legislative or other measures
necessary to bring the domestic law into compliance with the Convention; and
reimbursement of expenses reasonably incurred by the representatives of the victims
in the course of the proceedings in the case.
Arguments of the Representatives of the victims
208) The representatives of the victims maintained that, according to the wording
of Article 63(1) of the Convention, the Court has the power to order measures that
ensure future respect for the rights or freedoms that were violated, remedy the
consequences produced by the violation and compensate for the harm suffered.
209) In general terms, the representatives maintained that in the cases which
comprise the present Case, one appropriate reparation this Court could order would
be a commutation of the sentences to 75 years in prison.
210) In the specific case of Joey Ramiah (Case No. 12,129), the victims’
representatives requested that this Court order the State to award compensation
deemed to be fair and appropriate to his next of kin.
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Assessment of the Court
211) The Court has observed that the way in which the crime of murder is
penalized in the Offences Against the Person Act is in and of itself a violation of the
American Convention on Human Rights.
212) This finding leads the Court to hold that the State of Trinidad and Tobago
should refrain from future application of the aforementioned Act, and, within a
reasonable time, bring the law into compliance with the American Convention and
other international human rights norms, in accordance with Article 2, so that the
respect and enjoyment of the rights to life, personal integrity, a fair trial and due
process embodied in the Convention are guaranteed.
The legislative reforms
contemplated should include the introduction of different categories (criminal
classes) of murder, in keeping with the wide range of differences in the gravity of the
act, so as to take into account the particular circumstances of both the crime and the
offender. A system of graduated levels should be introduced to ensure that the
severity of the punishment is commensurate with the gravity of the act and the
criminal culpability of the accused.
213) The foregoing is consistent with the position which this Court has taken in the
past, to the effect that:
[…] the general obligations of the State, established in Article 2 of the Convention,
include the adoption of measures to suppress laws and practices of any kind that imply a
violation of the guarantees established in the Convention, and also the adoption of laws
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