-8implementation and compliance with the dispositions of the Judgments that require
assessment by this Court 39.
THEREFORE
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
In exercise of its authority to monitor compliance with its decisions and pursuant to
Articles 33, 62(1), 62(3), 65, 67 and 68(1) of the American Convention on Human
Rights, 24, 25 and 30 of its Statute and 30, 31 and 69 of its Rules of Procedure,
DECLARES THAT:
1.
The State has not complied for twelve years with its obligation to inform this
Court of the measures adopted to comply with the reparations ordered in the
Judgment of June 21, 2012, in the case of Hilaire, Constantine and Benjamin et al.,
and for nine years regarding the Judgment of March 11, 2005, in the case of Caesar,
pursuant to the indicated in the considerations of this Order.
2.
The State has not complied with any of the reparations ordered in the Judgment
of the case of Hilaire, Constantine and Benjamin et al.:
a) Abstain from applying the Offences Against the Person Act of 1925 and within a
reasonable period of time, modify said Act to comply with international norms
of human rights (eight operative paragraph of the Judgment).
b) Order a retrial in which the new criminal legislation resulting from the reforms
to the Offences Against the Person Act of 1925 will be applied in the criminal
proceedings in relation to the crimes imputed to 31 of the victims in the terms
of the Judgment (ninth operative paragraph of the Judgment).
c) Submit before the competent authority and by means of the Advisory
Committee on the Power of Pardon, the review of the cases of the victims
(tenth operative paragraph of the Judgment).
d) Abstain from executing the victims, in all cases and regardless of the results of
the new trials (eleventh operative paragraph of the Judgment).
e) Pay for non-pecuniary damage to the wife of Joey Ramiah, Carol Ramcharan,
the sum provided in the Judgment to support and educate their child, Joanus
Ramiah (twelfth operative paragraph of the Judgment).
f) Pay Joey Ramiah’s mother, Moonia Ramiah, the sum provided in the Judgment
for non-pecuniary damage (thirteenth operative paragraph of the Judgment).
g) Modify the conditions of its prison system to conform to the relevant
international norms of human rights protection on the matter (fourteenth
operative paragraph of the Judgment).
h) Pay the representatives of the victims the sum provided in the Judgment as
reimbursement for their expenses (fifteenth operative paragraph of the
Judgment).
And in relation to the case of Caesar:
39
Cf. Case of Apitz-Barbera et al. (“First court of Administrative disputes”) v. Venezuela. Monitoring
Compliance with Judgment. Order of the Inter-American Court of Human Rights of November 23, 2012,
forty-eight considering paragraph.