9
2.
In Case 12,129 (Naresh Boodram and Joey Ramiah), the State is responsible
for violating the rights of the victim Joey Ramiah under Articles 4(l), 5(1) and 5(2) of the
Convention, in conjunction with Article 1(1) of the Convention by executing Mr. Ramiah
pursuant to a mandatory death penalty and while his case was pending before the InterAmerican human rights system.
3.
In 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
Edmund), 12,043 (Samuel Winchester), 12,052 (Martin Reid), 12,072 (Rodney Davis),
12,073 (Gangadeen Tahaloo), 12,075 (Noel Seepersad), 12,076 (Wayne Matthews),
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) the State is responsible for
violation of the right under Article 4(6) of the Convention, in conjunction with Article 1(1)
of the Convention, by failing to provide these victims with an effective right to apply for
amnesty, pardon or commutation of sentence.
4.
In Cases 11,787 (George Constantine), 11,840 (Denny Baptiste), 11,851
(Clarence Charles), 12,005 (Wilson Prince), 12,021 (Darrin Roger Thomas), 12,042
(Mervyn Edmund), 12,072 (Rodney Davis), 12,073 (Gangadeen Tahaloo), 12,075 (Noel
Seepersad), 12,076 (Wayne Matthews), 12,082 (Alfred Frederick), 12,093 (Natasha De
Leon) 12,111 (Vijay Mungroo), 12,112 (Phillip Chotalal), 12,137 (Nigel Mark), 12,140
(Wilberforce Bernard) and 12,141 (Steve Mungroo), the State is responsible for the
violation of the rights of the victims to be tried within a reasonable time and to a fair trial
under Articles 7(5) and 8(1) of the Convention, in conjunction with violations of Article
1(1) of the Convention, by reason of the delays in the victims' criminal proceedings.
5.
In Cases 11,787 (George Constantine), 11,840 (Denny Baptiste), 11,851
(Clarence Charles), 12,005 (Wilson Prince), 12,021 (Darrin Roger Thomas), 12,042
(Mervyn Edmund), 12,072 (Rodney Davis), 12,073 (Gangadeen Tahaloo), 12,075 (Noel
Seepersad), 12,076 (Wayne Matthews), 12,082 (Alfred Frederick), 12,093 (Natasha De
Leon) 12,111 (Vijay Mungroo), 12,112 (Phillip Chotalal), 12,137 (Nigel Mark), 12,140
(Wilberforce Bernard), and 12,141 (Steve Mungroo), the State is responsible for the
violation of Article 25 of the Convention, in conjunction with the violation of the State's
obligations under Article 2 of the Convention, all in conjunction with violation of article
1(1) of the Convention, by failing to adopt legislative or other measures necessary to give
effect to the right to be tried within a reasonable time under Articles 7(5) and 8(1) of the
Convention.
6.
In Cases 11,853 (Keiron Thomas), 11,855 (Anthony Garcia), 12,021 (Darrin
Roger Thomas), 12,043 (Samuel Winchester), 12,072 (Rodney Davis), 12,073
(Gangadeen Tahaloo), 12,075 (Noel Seepersad), 12,076 (Wayne Matthews), 12,082
(Alfred Frederick), 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), the State is responsible for the violation of Articles 5(1) and
5(2) of the Convention, in conjunction with violations of Article 1(1) of the Convention, by
reason of the victims' conditions of detention before and after their convictions.
7.
In Case 12,052 (Martin Reid), the State is responsible for the violation of Article
8(2)(c) of the Convention, in conjunction with Article 1(1) of the Convention, for failing to
disclose a highly probative witness statement to the victim prior to his trial.
8.
In Case 11,853 (Keiron Thomas), the State is responsible for the violations of
the rights of the victim under Articles 8(2)(d) and 8(2)(e) of the Convention, in
conjunction with Article 1(1) of the Convention, by denying the victim the right to defend
himself personally or to be properly assisted by legal counsel of his choice during his
appeal before the Trinidad and Tobago Court of Appeal.
9.
In Cases 11,787 (George Constantine), 12,005 (Wilson Prince), 12,042 (Mervyn
Edmund), 12,052 (Martin Reid), 12,073 (Gangadeen Tahaloo), 12,075 (Noel Seepersad),
12,093 (Natasha De Leon), 12,112 (Phillip Chotalal), and 12,140 (Wilberforce Bernard),
the State is responsible for the violation of Articles 8 and 25 of the Convention, in
conjunction with Article 1(1) of the Convention, for failing to make legal aid effectively
available to these victims to pursue Constitutional Motions in the domestic courts in
connection with their criminal proceedings.