10
B.
Reparations
The Inter-American Commission on Human Rights respectfully petitions the
Honorable Inter American Court of Human Rights to:
Direct that the Republic of Trinidad and Tobago grant the victims in 21 of the cases that
are the subject of this application, Cases 11,787 (George Constantine), 11,814
(Wenceslaus James), 11,840 (Denny Baptiste, 11,851 (Clarence Charles), 11,853 (Keiron
Thomas), 11,855 (Anthony Garcia) 12,005 (Wilson Prince), 12,021 (Darrin Roger
Thomas), 12,042 (Mervyn Edrnund) 12,043 (Samuel Winchester), 12,072 (Rodney
Davis), 12,073 (Gangadeen Tahaloo), 12,075 (Noel Seepersad), 12,082 (Alfred
Frederick), 12,093 (Natasha De Leon), 12,111 (Vijay Mungroo), 12,112 (Phillip Chotalal),
12,129 (Naresh Boodram. and Joey Ramiah), 12,137 (Nigel Mark), 12,140 (Wilberforce
Bernard), and 12,141 (Steve Mungroo) an effective remedy which includes commutation
of sentence and compensation.
Direct that the Republic of Trinidad and Tobago grant the victim in Case 12,076 (Wayne
Matthews), whose death sentence the State has agreed to commute, an effective remedy
that includes compensation.
Direct that the Republic of Trinidad and Tobago grant the victim in Case 12,052 (Martin
Reid) an effective remedy which includes a re-trial in accordance with the due process
protections prescribed under Article 8 of the Convention or, if a re-trial in compliance with
these protections is not possible, release.
Direct that the Republic of Trinidad and Tobago provide adequate compensation to the
next of kin of Joey Ramiah (Case 12,129) for the violations referred to in Part VII.B above
relating to Mr. Ramiah.
Direct that the Republic 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, including and in particular Articles
4, 5 and 8.
Direct that the Republic of Trinidad and Tobago adopt such legislative or other measures
as may be necessary to ensure that the right under Article 4(6) of the Convention to
apply for amnesty, pardon or commutation of sentence is given effect in Trinidad and
Tobago.
Direct that the Republic of Trinidad and Tobago adopt such legislative or other measures
as may be necessary to ensure that the right to trial within a reasonable time under
Articles 7(5) and 8(1) of the Convention is given effect in Trinidad and Tobago, including
effective recourse to a competent court or tribunal for protection against acts that violate
that right.
Direct that the Republic of Trinidad and Tobago adopt such legislative or other measures
as may be necessary to ensure that the right to a fair hearing under Article 8(1) of the
Convention and the right to judicial protection under Article 25 of the Convention are
given effect in Trinidad and Tobago in relation to recourse to Constitutional Motions.
C.
Compensation
The Commission has requested that the Honorable Court require the State of
Trinidad and Tobago to remedy the consequences of the violations that 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 insured 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.