REPORT No 35/99
CASE 12.005
WILSON PRINCE
TRINIDAD AND TOBAGO
March 11, 1999
I.
SUMMARY
1. Mr. Tony Morton-Hooper (hereinafter "the petitioner") of the London firm Mishcon de Reya
Solicitors, presented a petition to the Inter-American Commission on Human Rights
(hereinafter "the Commission") against the Republic of Trinidad and Tobago (hereinafter "the
State" or "Trinidad"), on behalf of Mr. Wilson Prince, presently under sentence of death and in
detention at the State Prison in Port of Spain. The petition maintains that the State violated
the following articles of the American Convention on Human Rights (hereinafter the
"Convention" or the "American Convention"), to the prejudice of Wilson Prince: articles 4(1),
4(6), 5, 7(5), 8 and 24 of the Convention. The State pointed out that it did not question the
admissibility of the communication. The Commission decides to admit the petition, continue
with the analysis of the merits of the matter and to place itself at the disposition of the parties
in order to reach a friendly settlement based on the respect for human rights set forth in the
Convention.
II.
PROCEEDINGS BEFORE THE COMMISSION
2. By letter dated May 8, 1998, Mr. Tony Morton-Hooper of the London firm Mishcon de Reya
Solicitors, presented a petition to the Inter-American Commission on Human Rights against the
Republic of Trinidad and Tobago, on behalf of Mr. Wilson Prince, presently under sentence of
death and detained at the State Prison in Port of Spain. The petition stated that Mr. Prince was
convicted of the offense of having murdered Ms. Ida Sebastian Richardson on November 6,
1993. Mr. Prince was found guilty by unanimous verdict and sentenced to death.
3. The Commission transmitted the pertinent parts of the complaint to the State, which
responded by Note POL: 6/16/2 of June 14, 1998. On June 18, 1998, the Commission
transmitted the pertinent parts of the State’s reply to the petitioner and acknowledged receipt
of the State’s reply.
4. By letter dated July 17, 1998, the petitioners presented observations to the State’s reply on
behalf of Mr. Prince, for which receipt was acknowledged and these observations were
transmitted to the State on July 24, 1998.
5. By letter dated January 18, 1999, the petitioners informed the Commission that they had
received a letter, dated January 12, 1999, from the Solicitor General of Trinidad and Tobago,
informing them that the "six months time period for the consideration of the application of
Wilson Prince by the Inter-American Commission on Human Rights, as stipulated in the
Instructions Relating to Applications from Persons Under Sentence of Death issued by the
Government of Trinidad and Tobago on 13 October 1997, expired on 9 December, 1998." The
letter stated further that: "In accordance with said instructions the case of Wilson Prince will
now be referred to the Advisory Committee on the Power of Pardon."
6. It should be pointed out that simultaneously with filing the complaint, the petitioner
requested the Commission to issue precautionary measures, pursuant to Article 29.2 of its
Regulations, and to seek a stay of execution pending the determination of the complaint by the
Commission, since a warrant of execution had been served on Mr. Prince on May 7, 1998 to be
carried out on May 13, 1998. On May 8, 1998, the Commission requested the State to stay Mr.
Prince’s execution "until such time as the Commission has had the opportunity to consider this
case and issue its decision." The Commission requested "an immediate consent to the above
request."
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