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Caesar's lawyers that his attempt to pursue a final appeal before the Judicial
Committee of the Privy Council was unlikely to succeed. This period
represents an unreasonable delay that far exceeds the delay in previous cases
in which the Court has found violations of Article 8.1 of the Convention. The
State has not provided any explanation for this delay, nor do any facts appear
from the record that might account for such delay;
c) Section 6 of Trinidad and Tobago’s Constitution precludes any appeal against
the constitutionality of the Corporal Punishment Act;
d) the State is responsible for violating Mr. Caesar’s right to judicial protection
under Article 25 of the Convention, as well as its obligations under Article 2 of
the Convention, in connection with Articles 7(5) and 8(1) of the Convention,
by failing to guarantee, under its domestic law, the right to be tried within a
reasonable time;
e) the Constitution of Trinidad and Tobago does not include among its prescribed
fundamental rights and freedoms the right to a trial within a reasonable time,
fact that has been confirmed by the Judicial Committee of the Privy Council;
and
f) although Mr. Caesar was released by the State prior to his trial and therefore
did not need to invoke Article 7(5) of the Convention, the evidence indicates
that the State’s failure to provide for the right to be tried within a reasonable
time under Article 8(1) also necessarily implies, as a general proposition,
failure to protect the corresponding right under Article 7(5) of the Convention.
Arguments of the representatives
102.
The representatives of the alleged victim, with respect to Articles 8 and 25 of
the American Convention, stated that:
a) the State violated Article 8 of the Convention by failing to provide Mr. Caesar
with a trial and appeal proceedings within a reasonable time;
b) the State violated Article 25 of the Convention, as it failed to provide Mr.
Caesar with a means of effective domestic recourse;
c) Mr. Caesar was subjected to a total delay of 12 years between his initial
arrest and his attempt to pursue an appeal before the Judicial Committee of
the Privy Council;
d) both the sentence itself and the manner in which it was carried out are
inconsistent with and violate the right enshrined under Section 4(a) and
Section 5(2)(b) of Trinidad and Tobago’s Constitution.
However, the
violations of the rights enshrined in said Sections, are not capable of remedy
in domestic courts because of the “savings clause” in Section 6(1) of the
Constitution.
Nevertheless, States cannot evade their obligations under
human rights treaties by reliance upon “savings clauses” that have the effect
of undermining or defeating domestic implementation of those obligations;
and
e) The State violated Article 2 of the Convention by failing to give domestic legal
effect to the rights protected under Article 8 of the Convention.
The Court’s assesment
103. Article 8(1) of the American Convention provides for the right to a fair trial as
follows:
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