8
due process protections prescribed under Article 8 of the Convention or, where a re-trial
in compliance with these protections is not possible, the victim’s release;
Direct that the Republic of Trinidad and Tobago adopt such legislative or other measures
as may be necessary to ensure that the death penalty is imposed in compliance with the
rights and freedoms guaranteed under the Convention, including and in particular
Articles 4, 5 and 8;
Direct that the Republic of Trinidad and Tobago adopt such legislative or other measures
as may be necessary to ensure that the right under Article 4(6) of the Convention to
apply for amnesty, pardon, or commutation of sentence is given effect in Trinidad and
Tobago;
Direct that the Republic of Trinidad and Tobago adopt such legislative or other measures
as may be necessary to ensure that the conditions of detention in which the victims in
these cases are held comply with the standards of humane treatment mandated by
Article 5 of the Convention;
Direct that the Republic of Trinidad and Tobago adopt such legislative or other measures
as may be necessary to ensure that the right to trial within a reasonable time and to a
fair trial under Articles 7(5) and 8(1) of the Convention is given effect in Trinidad and
Tobago, including effective recourse to a competent court or tribunal for protection
against acts that violate those rights;
Direct that the Republic of Trinidad and Tobago adopt such legislative or other measures
as may be necessary to ensure that the right to a fair hearing under Article 8(1) of the
Convention and the right to judicial protection under Article 25 of the Convention are
given effect in Trinidad and Tobago in relation to recourse to constitutional motions.
C.
Compensation
The Commission has requested that the Honorable Court require the State of Trinidad
and Tobago to remedy the consequences of the violations which are the subject of this
application.
Article 63(1) of the American Convention provides:
If the Court finds that there has been a violation of a right or freedom protected by this
Convention, the Court shall rule that the injured party be ensured the enjoyment of his
right or freedom that was violated.
It shall also rule, if appropriate, that the
consequences of the measure or situation that constituted the breach of such right or
freedom be remedied and that fair compensation be paid to the injured party.
This Honorable Court has stated that Article 63(1) of the Convention codifies a rule of
customary law and constitutes one of the fundamental principles of customary law
(Aloeboetoe Case, Judgment of September 10, 1993, para. 43). The obligation to
repair a breach may give rise to a number of measures to remedy the consequences.
The State must, to the extent possible, reestablish the statu quo ante, which in the
present case could be achieved by commuting the complainant’s death sentence and
adjusting the domestic law of Trinidad and Tobago accordingly. Where reestablishing
the statu quo ante is no longer possible, the consequences must be remedied through
other means. The Commission therefore seeks to obtain a decision of the Court as to
the compensation owing to the victim as a result of the State’s violation of his rights
under the Convention.
D.
Costs and expenses
The Commission seeks a determination from the Court respecting the costs and
expenses incurred by the representatives of the victims during the processing of the
case before the domestic courts and the organs of the Inter-American system.
15)
The Commission appointed Messrs. Robert K. Goldman and Nicholas Blake as
delegates, and Messrs. David J. Padilla and Brian D. Tittemore as legal advisors. The
Commission also designated Julian Knowles, Ivan Krolick, Keir Starmer, Saul
Lehrfreund, Belinda Moffat, Yasmin Waljee, and James Oury as assistants.