40
THE COURT,
DECLARES,
Unanimously, that:
1.
The State violated the right enshrined in Article 5(1) and 5(2) in conjunction
with Article 1(1) of the American Convention on Human Rights, to the detriment of
Mr. Winston Caesar, in the terms of paragraphs 70, 73, 89 and 100 of this judgment.
2.
The State breached its obligations established in Article 2 of the American
Convention on Human Rights, in relation to Article 5(1) and 5(2) of the Convention,
to the detriment of Mr. Winston Caesar, in the terms of paragraph 94 of this
judgment.
3.
The State did not violate the right enshrined in Article 8(1) of the American
Convention on Human Rights, for the reasons set forth in paragraphs 106 to 112 of
this judgment.
4.
The State violated the right enshrined in Article 25 in conjunction with Articles
1(1) and 2 of the American Convention on Human Rights, to the detriment of Mr.
Winston Caesar, in the terms of paragraphs 113 to 117 of this judgment.
5.
This judgment constitutes, per se, a form of reparation, in the terms of
paragraph 126 of this judgment.
AND DECIDES,
Unanimously, that:
1.
The State shall pay the compensation ordered in paragraph 128 of this
judgment to Winston Caesar for moral damages.
2.
The State shall, with effect from the date of notification of this judgment,
provide Mr. Winston Caesar, through its national health services, free of charge and
for such period as may be necessary, such medical and psychological care and
medication as may be recommended by appropriately qualified specialists, in the
terms of paragraph 131 of this judgment.
3.
The State shall adopt, within a reasonable time, such legislative or other
measures as may be necessary to abrogate the Corporal Punishment Act (Offenders
Over Eighteen), in the terms of paragraph 132 of this judgment.
4.
The State shall amend, within a reasonable time, Section 6 of Trinidad and
Tobago's Constitution, in the terms of paragraph 133 of this judgment.
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