46
Wilberforce Bernard, Steve Mungroo, Peter Benjamin, Krishendath Seepersad, Allan
Phillip, Narine Sooklal, Amir Mowlah, Mervyn Parris and Francis Mansingh.
X
VIOLATION OF ARTICLES 7(5), 8 AND 25 IN RELATION
TO ARTICLES 1(1) AND 2 OF THE AMERICAN CONVENTION
(Right to Trial within a Reasonable Time, Right to Fair Trial and Judicial
Protection)
Contentions of the Commission
119) The Inter-American Commission contended that Trinidad and Tobago violated
the right to be tried within a reasonable time, the right to a fair trial and the right to
judicial protection to the detriment of several of the victims. The Court summarizes
these contentions below.
120) The Commission contended that the State is responsible for the violation of
Articles 7(5) and 8(1) of the Convention in relation to Article 2, by virtue of the
unjustified delays in bringing twenty-four of the victims in the present Case to
trial. 119 The following table sets forth the information presented by the Commission
with respect to these victims. 120
1
2
NAME
Date of
arrest
Date of
conviction
New Trial
(N)
Haniff
Hilaire
George
Constantin
e
02/14/91
05/29/95
12/25/91
02/17/95
Court of
Appeal
Decision
(D) 121
Judgment
(J) 122
03/10/97 (J)
Date of
Decision by
the Privy
Council
11/01/96 (D)
11/25/96 (J)
07/29/97
11/06/97
119
The twenty-four persons are: Haniff Hilaire, George Constantine, Denny Baptiste, Clarence
Charles, Wilson Prince, Darrin Roger Thomas, Mervyn Edmund, Rodney Davis, Gangadeen Tahaloo, Noel
Seepersad, Wayne Matthews, Alfred Frederick, Natasha De Leon, Vijay Mungroo, Phillip Chotalal, Nigel
Mark, Wilberforce Bernard, Steve Mungroo, Krishendath Seepersad, Allan Phillip, Narine Sooklal, Amir
Mowlah, Mervyn Parris and Francis Mansingh.
120
Cf. Filed as "Haniff Hilaire (11,816) v. Trinidad and Tobago, Exhibits to the Application of the
Inter-American Commission," Exhibits 3-7, Vol. II, pp. 682-725; "George Constantine et al. v. Trinidad
and Tobago, Exhibits to the Application of the Inter-American Commission," Exhibits 1-23, Vols. I-VIII, pp.
29-3776; and "Peter Benjamin et al. v. Trinidad and Tobago, Exhibits to the Application of the InterAmerican Commission," Exhibits 1-7, Vols. I-IV, pp. 139-1239.
121
"Decision" refers to a decision to admit or deny the request for appeal before the Trinidad and
Tobago Court of Appeal.
122
"Judgment" refers to the legal analysis supporting a decision on the merits to admit or deny a
request for appeal.