6
(II)
to have his physical, mental and moral integrity respected in violation of Article
5(1) of the American Convention.
(III)
not to be subjected to cruel, inhumane, or degrading punishment or treatment
in violation of Article 5(2) of the American Convention.
All in conjunction with a violation of Article 1(1) of the American Convention;
Find that the State of Trinidad and Tobago is responsible for violating Article 5(6), in
conjunction with Article 1(1) of the American Convention, by failing to have as an
essential aim of Mr. Hilaire’s punishment his reform and social readaptation;
Find that the State of Trinidad and Tobago is responsible for violating the right of Mr.
Haniff Hilaire to be tried within a reasonable time or to be released, contrary to Article
7(5), in conjunction with Article 1(1) of the American Convention;
Find that, by failing to adopt legislative or other measures necessary to give effect to
the right to be tried within a reasonable time or to be released under Article 7(5) of the
Convention, the State of Trinidad and Tobago has violated its obligation under Article 2
to provide the Convention with domestic legal effect, as well as Mr. Hilaire’s right to
judicial protection under Article 25, in conjunction with Article 1(1) of the Convention.
B.
Reparations
The Inter-American Commission on Human Rights respectfully petitions the
Honorable Inter-American Court of Human Rights to:
Direct that the State of Trinidad and Tobago grant the petitioner an effective remedy
which includes early release or commutation of sentence and compensation;
Direct that the State of Trinidad and Tobago adopt such legislative or other measures as
may be necessary to ensure that the death penalty is imposed in compliance with the
rights and freedoms guaranteed under the Convention;
Direct that the State of Trinidad and Tobago adopt such legislative or other measures as
may be necessary to ensure that the right under Article 7(5) of the Convention to trial
within a reasonable time or to be released is given effect in Trinidad and Tobago,
including effective recourse to a competent court or tribunal for protection against acts
that violate that right.
C.
Compensation
The Commission has requested that the Honorable Court require the State of
Trinidad and Tobago to remedy the consequences of the violations which are the subject
of this application.
Article 63(1) of the American Convention provides:
If the Court finds that there has been a violation of a right or freedom
protected by this Convention, the Court shall rule that the injured
party be ensured the enjoyment of his right or freedom that was
violated. It shall also rule, if appropriate, that the consequences of
the measure or situation that constituted the breach of such right or
freedom be remedied and that fair compensation be paid to the
injured party.
This Honorable Court has stated that Article 63(1) of the Convention codifies a
rule of customary law and constitutes one of the fundamental principles of customary
law (Aloeboetoe Case, Judgment of September 10, 1993, para. 43). The obligation to
repair a breach may give rise to a number of measures to remedy the consequences.
The State must, to the extent possible, reestablish the statu quo ante, which in the
present case could be achieved by commuting the complainant’s death sentence and
adjusting the domestic law of Trinidad and Tobago accordingly. Where reestablishing
the statu quo ante is no longer possible, the consequences must be remedied through
other means. The Commission therefore seeks to obtain a decision of the Court as to
the compensation owing to the victim as a result of the State’s violation of his rights
under the Convention.