39 to death by hanging of the thirty-two victims included in the present Case (supra para. 2), pursuant to the Offences Against the Person Act of Trinidad and Tobago, enacted in 1925. 86) It added that, in accordance with Section 4 of the Offences Against the Person Act, once the offender is found guilty of murder, the death penalty is "mandatorily imposed" because that section provides that "every person found guilty of murder shall suffer death." 101 87) In addition, the Commission pointed out that the law of Trinidad and Tobago does not allow the courts to consider the personal circumstances of the offender or his crime in murder cases. Among the circumstances mentioned were the prior criminal record of the offender, the subjective factors that could have motivated his conduct, the degree of his participation in the criminal act and the probability that the offender could be reformed and socially readapted. The courts also cannot assess whether the death penalty is the appropriate punishment or not for the specific case in light of the particular circumstances of the offender’s conduct. 88) The Commission added that the use of the "mandatory death penalty" by Trinidad and Tobago results in its imposition on all persons convicted of murder, without taking into account the mitigating and aggravating circumstances of the case or the varying degrees of culpability. In the Commission’s opinion, the foregoing contravenes the inherent dignity of the human being and the right to humane treatment protected in Article 5(1) and 5(2) of the American Convention. 89) The Commission added that the "mandatory imposition of the death penalty," that is, where the death penalty is the only imposable punishment for murder cases, eliminates the possibility of determining individualised sentences and prevents a rational and proportional relation between the offender, the crime and the punishment imposed and does not allow judicial review of the judgment, according to the terms of the American Convention. 90) In light of this, the Inter-American Commission pointed out in its final allegations that the imposition of the "mandatory death penalty" for all persons convicted of murder, without analysing the individual characteristics of the offender and the crime and without considering whether the death penalty was the appropriate punishment for that case, renders it an inhuman and unjust punishment, constituting a violation of Articles 4(1), 4(2), 5(1), 5(2), and 8(1) in relation to Article 1(1) of the American Convention. 91) The Commission maintained that Articles 4, 5 and 8 of the Convention should be interpreted as obligating courts to dictate "individualised sentences," or rather, to exercise certain discretion, even if it is a limited discretion, for the purpose of taking into account the mitigating and aggravating circumstances in play for each particular case. 101 Section 3 of the Offences Against the Person Act adopts a definition of murder provided by English law, which states that the offender may be convicted of murder if it is proven that he intended to cause death or serious bodily harm, or when the offender has acted with one or more persons with a common design to cause death or serious bodily harm of another and has committed the act according to this common design, regardless of whether he was the principle author of the murder. Cf. Offences Against the Person Act of Trinidad and Tobago (April 3, 1925). Laws of Trinidad and Tobago, Section 3, supra note 31.