4
5)
On December 19, 1997, the State submitted its observations on the petition,
making reference to the merits. On January 12, 1998, these observations were
transmitted to the petitioners, who filed their own observations on February 25 of the
same year.
On March 16, 1998, the Commission forwarded the petitioners’
observations to the State and requested a reply.
6)
Also on December 19, 1997, the petitioners supplied the Commission with a
supplementary written submission providing further evidence, case law and other
information in support of the admissibility of the petition, and specified the relief
sought on behalf of Mr. Hilaire. The communication was forwarded to the State on
January 12, 1998 and it presented its rejoinder on April 1, of the same year. This
rejoinder was transmitted to the petitioners on May 13, 1998. On June 24, 1998, the
petitioners filed their observations and these were transmitted to the State on July
13, 1998, accompanied by a request for a reply.
7)
On September 25, 1998, the Commission issued Report No. 43/98, in which it
concluded that the petition was admissible. On October 23 of the same year, the
Commission forwarded this Report to the State and the petitioners, and placed itself
at their disposal with a view to seeking a friendly settlement of the matter.
8)
On September 28, 1998, the petitioners presented a second supplementary
written submission, which was transmitted to the State on October 6 of the same
year, with a request for a reply.
9)
On or about February 12, 1999, the petitioners delivered a third
supplementary written submission with appendices, and on or about March 12 of the
same year, they delivered additional written submissions to the Commission. On
April 5, 1999, the Commission forwarded the pertinent parts of the additional written
submissions to the State with a request for observations. The State did not respond
to this request.
10)
On April 21, 1999, the Commission adopted the Report on the merits No.
66/99, which it transmitted to the State on April 26, 1999. In the operative part of
the said Report, the Commission recommended that the State:
(I)
Grant the petitioner an effective remedy which includes consideration for an
early release or commutation of sentence and compensation;
(II)
Adopt such legislative or other measures as may be necessary to insure that
the death penalty is imposed in compliance with the rights and freedoms
guaranteed under the Convention; [and]
(III)
Adopt such legislative or other measures as may be necessary to ensure that
the right under Article 7(5) of the Convention to trial within a reasonable time
or to be released is given effect in Trinidad and Tobago, including effective
recourse to a competent court or tribunal for protection against acts that
violate that right.
11)
On May 18, 1999, the State delivered to the Commission its response to this
Report.
12)
On May 23, 1999, the Inter-American Commission, pursuant to Article 51 of
the American Convention, decided to submit the case to the Court.