-23.
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 [the] 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 [the] judgment.
5.
The State shall adopt, within a reasonable time, such measures as may be necessary
to bring the conditions of detention in its prisons into compliance with the relevant international
human rights norms, in the terms of paragraph 134 of [the] judgment.
6.
The State shall pay the compensation ordered in favor of Mr. Winston Caesar directly
to him within one year of the notification of [the] judgment, in the terms of paragraph 128 of
[the] judgment.
7.
The State may comply with the pecuniary dispositions in [the] judgment by payment
in United States dollars or the equivalent amount in national currency, using the rate of
exchange between the two currencies in force on the market in New York, United States of
America, on the day preceding the day of payment.
8.
If, for reasons attributable to the recipient of the compensation herein ordered, he is
unable to claim such compensation within the stipulated period of one year, the State shall
deposit such amount in his favor in an account or a deposit certificate in a reputable national
banking institution, in the terms of paragraph 139 of [the] judgment.
9.
The payment for moral damages ordered in [the] judgment shall not be subject to or
affected or reduced by any existing or future taxes or charges, in the terms of paragraph 140
of [the] judgment.
10.
If the State falls into arrears in the payments ordered, it shall pay interest on the
amount owed at the going bank rate in Trinidad and Tobago.
11.
It shall monitor compliance with [the] judgment and shall close the instant case when
the State has fully implemented all of its provisions. Within one year of the notification of [the]
judgment, the State shall provide the Court with a report on the measures taken in compliance,
in the terms of paragraph 142 of [the] judgment.
2.
The Order of the Court on the applicability of Article 65 of the American Convention
on Human Rights2 (hereinafter, “the American Convention” or “the Convention”) of June
29, 2005, in which it decided, inter alia:
1.
To discontinue its requirement that State submit information on compliance with its
judgments once the Tribunal has decided to apply Articles 65 of the American Convention on
Human Rights and 30 of the Statute of the Court in cases of noncompliance, and once the
Court, through its Annual Report, has submitted the information of said noncompliance to the
General Assembly of the Organization of American States for its consideration. If the State in
question subsequently does not demonstrate before the Tribunal its compliance with the
pending provisions of the judgment, the Court will continue to include said noncompliance each
year in its Annual Report to the General Assembly.
3.
The note dated May 25, 2006, in which the Secretariat of the Court (hereinafter,
“the Secretariat”), following instructions from the President of the Court (hereinafter, “the
President”), ordered the State of Trinidad and Tobago (hereinafter, “the State” or
“Trinidad and Tobago”) to submit, as soon as possible, its report on the measures taken in
compliance with the Judgment, considering that the State’s report had not been submitted
to the Secretariat within the term established in operative paragraph 142 of the Judgment
that is by April 8, 2006.
2
Cf. Applicability of Article 65 of the American Convention on Human Rights. Monitoring Compliance with
Judgment. Order of the Inter-American Court of Human Rights of June 29, 2005, Operative paragraph first.
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