38 inadequate hygiene and other deficient detention conditions since the time of their arrest. Nevertheless, on the basis of the evidence, this Court accepts as fact that these conditions are typical of Trinidad and Tobago's prison system and therefore concludes that all of the alleged victims in the present Case have been subjected to those same conditions indicated in the previous paragraph. o) The detention conditions described above only exacerbate the intrinsic suffering that the alleged victims already endure due to the impending imposition of their death penalty. p) Of the 32 victims in this case, thirty are currently detained in the prisons of Trinidad and Tobago awaiting their execution by hanging, the only exceptions being Joey Ramiah (Case No. 12,129), who was executed, and Wayne Matthews (Case No. 12,076), whose sentence was commuted. q) On January 27, 1999, the Judicial Committee of the Privy Council ordered that all executions in Trinidad and Tobago be stayed pending the decision of the Commission and the Court as to appropriate recourse for these persons under the American Convention. It also held that carrying out these sentences prior to the determination of their petitions before the Commission and the Court would constitute a breach of the constitutional rights 100 of the alleged victims in this case. r) On June 4, 1999, the State of Trinidad and Tobago executed Joey Ramiah after he had been found guilty of murder and sentenced to death by hanging (infra paras. 190-200), despite the existence of provisional measures in his favour, whereby the Court had ordered the State to stay his execution. s) On February 7, 2000, Wayne Matthews was informed that his death sentence had been commuted to 75 years in prison. t) The representatives of the alleged victims have incurred costs in the course of the processing of these cases before the inter-American system. IX VIOLATION OF ARTICLE 4(1) and 4(2), IN RELATION TO ARTICLES 1(1) AND 2 OF THE AMERCIAN CONVENTION. (Mandatory Death Penalty) Contentions of the Commission 85) The Commission contended that the State is responsible for violating the American Convention through the arrest, detention, trial, conviction and sentencing 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). 100 Cf. Thomas and Hilaire v. Baptiste et al., Privy Council Appeal No. 60 of 1998, supra note 97.

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