2 II FACTS SET FORTH IN THE APPLICATION 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 has violated the American Convention on Human Rights (hereinafter “the American Convention” or “the Convention”) by sentencing Mr. Haniff Hilaire (hereinafter “Mr. Hilaire”) to a “mandatory death penalty”, thereby violating his rights under Articles: 4(1), 5(1), 5(2), 5(6), 7(5) and 25; all in relation to Article 1(1) of the Convention. The State is also in breach of Article 2, which requires the State to adopt such legislative and other measures as may be necessary to give effect to the rights and freedoms guaranteed in the Convention, in relation to Article 25 of the same (infra 16). The Inter-American Commission supports its statements, inter alia, with the following facts: a) On May 29, 1995, Mr. Hilaire was convicted, together with his two codefendants, Mrs. Indravani Ramjattan and Mr. Denny Baptiste, of the murder of Mr. Alexander Jordan on February 13, 1991. This conviction was delivered by the First Criminal Court of Port of Spain (Assizes), Trinidad and Tobago; b) Mr. Alexander Jordan was the common-law husband of Mrs. Indravani Ramjattan, who “according to the record”, was the victim of spousal abuse at the hands of Mr. Jordan; c) “Owing in part to the abusive nature of the marriage”, a relationship developed between Mrs. Ramjattan and Mr. Baptiste, and she became pregnant with his child. When her husband discovered this, he further abused her and, as a result, she fled her house with their two children and moved to Mr. Baptiste’s home. Mr. Hilaire was also living with Mr. Baptiste and, during her time with the two, Mrs. Ramjattan confided in them about the abusive relationship to which she was subjected; d) Mr. Jordan subsequently discovered where his wife was, broke into Mr. Baptiste’s home and took her back to his house, where he held her as a virtual hostage. Mrs. Ramjattan was able to send a message to Mr. Hilaire, imploring him to rescue her. Consequently, Messrs. Hilaire and Baptiste went to Mr. Jordan’s house “with the intent to beat him”. The beating had consequences much more severe than anticipated, and Mr. Jordan died as a result thereof; e) The record discloses no evidence that Mr. Hilaire had a prior criminal record or a tendency to re-offend; f) Mr. Hilaire and his co-defendants were found guilty of murder under the Trinidad and Tobago Offences Against the Person Act and, on May 29, 1995, the trial judge “was required to impose upon the defendants the sentence of death” pursuant to section 4 of the said Act, and stated: “The jury has found each of you guilty of murder. The