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3) Mr Douglas Mendes QC, whose expert opinion shall refer to (i) the local law and
practice in Trinidad and Tobago and (ii) the relevant international human rights law
standards laid down in the Convention, as they relate to the issues in dispute including
the imposition of the mandatory death penalty and the commutation of sentences.
2.
To require the representatives to notify their proposed declarants of the Order, in
accordance with the provisions of Articles 50(2) and 50(4) of the Rules of Procedure.
3.
To require the State, if it so agrees, under the terms of Article 50(5) of the Rules of
Procedure and within the non-extendable term that expires on June 24, 2022, to submit the
questions it deems relevant to ask the declarants listed in Operative Paragraph 1, through
the Inter-American Court.
4.
To require the representatives to coordinate and carry out the necessary steps so that,
once the questions, if any, are received, the declarants indicated in Operative Paragraph 1,
will answer them in their statements rendered before a public attestor, unless the President
decides otherwise when the Registrar transmits the questions. The statements requested
herein summoned must be submitted to the Court no later than July 15, 2022.
5.
To indicate, in accordance with Article 50(6) of the Rules of Procedure, that when the
statements are received, the Registrar must forward them to the State and the Commission
so that, should they deem necessary and appropriate, they may present their observations
at the latest with their final written arguments or observations, respectively.
6.
To require the representatives to inform the persons summoned by the Court to declare
before this Court that, pursuant to Article 54 of the Rules of Procedure, when a person
summoned to appear or declare before the Court fails to appear or refuses to render a
statement without legitimate cause, or when, in the opinion of the Court, he or she has
violated his or her oath or solemn declaration, the Court shall inform the State with
jurisdiction over that witness so that appropriate action may be taken under the relevant
domestic legislation.
7.
To transfer, as documentary evidence, the expert opinion rendered by Desmond Allum
in the Case of Hilaire, Constantine and Benjamin et al. v. Trinidad and Tobago.
8.
To order the Court Registrar to forward the document referred to in the previous
Operative Paragraph to the State, the representatives, and the Inter-American Commission
so that they may submit any observations they deem pertinent, at the latest with their final
written arguments or observations, respectively.
9.
To inform the representatives that they must cover the expenses of evidence they have
proposed, in accordance with Article 60 of the Rules of Procedure, notwithstanding the
application of the Victims’ Legal Assistance Fund.
10. To require the representatives to inform the Court of the names of the declarants whose
affidavits will be covered by the Victims’ Legal Assistance Fund and to submit a cost quotation
for formalizing the sworn statements in the country of residence of each declarant, no later
than June 24, 2022.
11. To order, in accordance with Article 4 of the Rules for the Operation of the Victims’
Legal Assistance Fund, a file be opened on the costs of the instant case, to contain records
of all expenditures made in accordance with the parameters authorized by the President.