34
The expert witness stated that prisoners awaiting execution are permitted two visits
by family and friends per week for fifteen minutes each. They must request all visits
in writing using special forms that are made available every ten days.
This
procedure makes it extremely difficult for prisoners to see their lawyer in the event
of an emergency. In the case of inmates detained awaiting trial, they are allowed
even fewer visits and are only given request forms once a month. These forms are
checked and censored by the relevant prison officials before being sent by mail to
the person the prisoner wishes to see.
With respect to medical services for prisoners, Gaietry Pargass stated that there is
only one doctor available to treat the entire prison population. For those prisoners
awaiting execution, there is a prison official available with basic nursing training, who
visits once in the morning and once in the evening to administer medication for
minor pains and illnesses like headaches.
The expert witness concluded that prisoners live in overcrowded conditions during
approximately two to six years between arrest and conviction. Although they often
complain about the conditions, very little can be done since there is not enough
space in Trinidad and Tobago’s prisons.
*
*
*
c) ASSESSMENT OF THE EVIDENCE
78)
The Court will now assess the probative value of the documents and expert
reports submitted to it. The evidence presented during all stages of the proceedings
in the three cases has been integrated into a single body of evidence and will be
assessed en bloc. 88
79)
With respect to the evidence submitted by the Inter-American Commission in
the three cases, the Court considers that:
a) As regards the documents related to the trial, judgment and appeal before
the domestic tribunals, attached as exhibits to the Commission's
Applications in each case, the Court has confirmed that they possess the
requisite authenticity, as they contain no inconsistencies and meet the
minimum standard of admissibility, inasmuch as they originate from
reliable sources, and therefore possess clear probative value.
b) In regard to the relevant domestic legislation of Trinidad and Tobago, this
Court considers that it is admissible as documentary evidence and that it
can serve as a useful means to corroborate, where relevant, the facts
established in the Applications and the contentions of the parties in the
present Case.
88
Cf. I/A Court H.R., Bámaca Velásquez Case. Reparations, supra note 63, para. 22; I/A Court
H.R., Cantoral Benavides Case. Reparations, supra note 63, para. 34; and I/A Court H.R., The Mayagna
(Sumo) Awas Tingni Community Case. Judgment of August 31, 2001. Series C No. 79, para. 98.