61 187) The Court deems that although a violation was not specifically alleged by the Commission appearing only in its final arguments, the Tribunal the issue by virtue of the aforementioned general (supra para. 107). 144 of Article 4(6) of the Convention in the Hilaire Case Application, is not prevented from examining legal principle of iura novit curia 188) Article 4(6) of the American Convention, when read together with Articles 8 and 1(1), places the State under the obligation to guarantee that an offender sentenced to death may effectively exercise this right. Accordingly, the State has a duty to implement a fair and transparent procedure by which an offender sentenced to death may make use of all favourable evidence deemed relevant to the granting of mercy. 189) The Court considers that the application of the procedure for granting mercy to the thirty-two victims of the present Case was characterized by a lack of transparency, lack of available information and lack of participation by the victims, resulting in a violation of Article 4(6), in conjunction with Articles 8 and 1(1) of the American Convention. Therefore the Court finds violations to the detriment of Haniff Hilaire, George Constantine, Wenceslaus James, Denny Baptiste, Clarence Charles, Keiron Thomas, Anthony Garcia, Wilson Prince, Darrin Roger Thomas, Mervyn Edmund, Samuel Winchester, Martin Reid, Rodney Davis, Gangadeen Tahaloo, Noel Seepersad, Wayne Matthews, Alfred Frederick, Natasha De Leon, Vijay Mungroo, Phillip Chotalal, Naresh Boodram, Joey Ramiah, Nigel Mark, Wilberforce Bernard, Steve Mungroo, Peter Benjamin, Krishendath Seepersad, Allan Phillip, Narine Sooklal, Amir Mowlah, Mervyn Parris and Francis Mansingh. XIII VIOLATION OF ARTICLE 4 OF THE AMERICAN CONVENTION (Non-compliance with the Provisional Measures ordered by the Court with respect to Joey Ramiah, Case No. 12,129) Contentions of the Commission 190) The Inter-American Commission distinguished the situation of Joey Ramiah in Case No. 12,129 (Naresh Boodram and Joey Ramiah), who was declared guilty of murder and sentenced to the "mandatory death penalty" under Trinidad and Tobago’s Offences Against the Person Act. 191) The Commission indicated that despite the fact that the Court expanded its provisional measures in the James et. al Case on May 25, 1999 to include Joey Ramiah, the State executed him on June 4, 1999, while his case was pending before the inter-American human rights system. 192) The Commission states that by executing Joey Ramiah, the State is responsible for grave violations of Articles 4(1), 5(1), and 5(2) of the Convention by virtue of arbitrarily depriving him of his life without due respect for his mental, 144 Cf. I/A Court H.R., Durand and Ugarte Case, supra note 109, para. 76; I/A Court H.R., Castillo Petruzzi et al. Case, supra note 66, para. 166; and I/A Court H.R., Godínez Cruz Case, supra note 68, para. 172.