2
2)
The Inter-American Commission set forth in its application the facts on which
it is based. In the following paragraphs, the Court summarizes the facts and claims
relevant to the consideration of the preliminary objection:
The State of Trinidad and Tobago is responsible for the violation of the following
articles of the American Convention on Human Rights (hereinafter “the American
Convention” or “the Convention”) (infra 14):
4(1), 5(1), 5(2) and 8(1), for sentencing Peter Benjamin, Krishendath Seepersad,
Allan Phillip, Narine Sooklal, Amir Mowlah, Mervyn Parris and Francis Mansingh
(hereinafter “the alleged victims”) to a “mandatory death penalty”;
4(6), for failing to provide these seven alleged victims with an effective right to apply
for amnesty, pardon, or commutation of sentence;
7(5) and 8(1), for the delay in the criminal process of six of the alleged victims;
25 and 2, for failing to adopt legislative or other measures necessary to give effect to
the right of six of the alleged victims to be tried within a reasonable time under
Articles 7(5) and 8(1) of the Convention;
5(1) and 5(2), for reason of five of the alleged victims’ conditions of detention;
5(4), for failing to segregate from convicted persons, save in
circumstances, in the case of one of the alleged victims;
exceptional
5(6), for failing to have as an essential aim of his deprivation of liberty his reform
and social readaptation in the case of one of the alleged victims;
8(1), for failing to provide one of the alleged victims with a mechanism to be reevaluated in light of potentially exculpatory evidence;
8(2)(d), for reason of the delay in permitting the victim to contact an attorney
following his arrest in the case of one of the alleged victims;
8 and 25, for failing to make effective legal aid effectively available to two of the
alleged victims to pursue constitutional motions in the domestic courts in connection
with their criminal proceedings;
all in relation to Article 1(1) of the Convention.
The Inter-American Commission supports its statements, inter alia, with the following
facts:
a)
On October 27, 1997, Mr. Peter Benjamin (case 12,148) was convicted
and sentenced to a “mandatory death penalty” by hanging for the
murder of Kanhai Deodath;
b)
On May 29, 1998, Mr. Krishendath Seepersad (case 12,149) was
convicted and sentenced to a “mandatory death penalty” by hanging
for the murder of Shazard Ghany;