11. According to the petitioners, the alleged victims were arrested by the police on February 24, 1995, and charged with the February 20, 1995 murder of Junior Baptiste, primarily based on the identification evidence of Junior’s brother, Shawn Baptiste. 5 The petitioners indicate that, in their defense, Messrs. Dial and Dottin alleged an alibi and testified that the lineup identification procedure at the Besson Street Police Station was flawed, and that the lack of fingerprint evidence or firearms ballistics testing diminished the credibility of Shawn Baptiste’s testimony. Notwithstanding the foregoing, the petitioners observe that on January 21, 1997, the alleged victims were convicted of murder and sentenced to death by the High Court of Justice in Port of Spain. 12. The petitioners indicate that the alleged victims appealed their convictions and death sentences, but the Court of Appeal, in a judgment dated October 16, 1997, dismissed their appeals and affirmed their convictions. A petition to the JCPC for Special Leave to Appeal as Poor Persons was submitted on March 16, 1998; however, according to the petitioners, that petition was dismissed by the JCPC without reasons on April 28, 1999. 13. According to the petitioners, the evidence against the alleged victims was fabricated by the police, and therefore, they were sentenced through a miscarriage of justice. In this regard, they allege that, on July 9, 1999, Shawn Baptiste swore an affidavit retracting the entirety of his deposition incriminating the defendants. 6 The petitioners allege that since Shawn Baptiste’s testimony at trial was the sole basis for the alleged victims’ convictions, it is clear that the actions of the police perverted the course of justice. In addition, the petitioners informed the IACHR that, on October 15, 1999, Alicia Henry also swore an affidavit supporting the new evidence presented by Shawn Baptiste. 14. The petitioners contend that, in light of the two new affidavits sworn by the prosecution’s key witnesses, the alleged victims’ case was submitted to the Trinidad & Tobago Court of Appeal for a second appeal. 7 Nevertheless, the Court of Appeal reaffirmed the alleged victims’ convictions and sentences on July 6, 2001. After that, the petitioners observe that an additional petition for Special Leave to Appeal was lodged before the JCPC on November 27, 2002, but it was dismissed on February 14, 2005. 15. Finally, with regard to the relevant domestic judicial remedies, the petitioners maintain that, following constitutional proceedings related to more than fifty death row inmates, the death sentences of the alleged victims were commuted to life imprisonment on August 15, 2008.8 The petitioners underscore that the late commutation of the death sentences does not alter the alleged breaches for the period the alleged victims were on death row for what they consider to be convictions obtained through a miscarriage of justice. 16. In relation to the admissibility of the petition before the Inter-American Commission, the petitioners submit that the alleged victims exhausted all available and effective domestic remedies when their petitions for special leave to appeal as poor persons were dismissed. The petitioners state that the alleged victims are indigent and do not have access to legal aid to bring a constitutional motion in respect of the specific issues raised in the petition and are thus being denied access to a legal remedy to address these complaints. In this regard, they note 5 According to the petitioners, during the joint trial which took place on January 15, 1997, the main prosecution evidence was provided by Shawn Baptiste, who testified that in the early hours of February 20, 1995, as he, his brother Junior Baptiste and his brother’s girlfriend Alicia Henry slept, the alleged victims forced their way into his residence armed with guns and fired their weapons, striking Junior and Alicia. Shawn Baptiste also testified that he transported Junior and Alicia to a hospital where Junior later died from his gunshot wounds. 6 Specifically, the affidavit contained the following assertions, among others: that the evidence Shawn Baptiste gave in court was false; that he was pressured by the police into providing such evidence, under threat of prosecution for possession of a firearm (the same firearm that was offered as evidence against the alleged victims at trial); that he was subject to intimidation by associates of the true assailants and felt he had to lie about what he saw due to fear for his own personal safety and the safety of his family; that the gun which the police claimed was one of the murder weapons, in fact belonged to his deceased brother; that the police officer in charge of the investigation gave him direct instructions that he should pick out the alleged victims and identify them as the assailants). 7 Pursuant to Section 64 of the Supreme Court of Judicature Act. 8 The petitioners cite High Court of Trinidad and Tobago, H.C.A. No. 1412 of 2005, dated August 15, 2008, entered August 19, 2008. 3