35
c) In relation to jurisprudence from the tribunals of Trinidad and Tobago, the
Privy Council and other jurisdictions, submitted by the Commission with
the Applications, it should likewise be incorporated into the body of
evidence, as indicated in the previous paragraph, to be considered in this
case, for the purpose of verifying the truth of the facts set forth.
80)
Therefore, the Court admits the probative value of those documents
presented by the parties in due time, the authenticity of which was not challenged or
questioned.
81)
In regard to the expert testimony given during the public hearing by Desmond
Allum, Nigel Eastman, and Gaietry Pargass (supra para. 52), as well as the written
reports and their exhibits presented by experts Thomas A. Warlow, Desmond Allum,
Gaietry Pargass, Vivien Stern and Andrew Coyle, Scharlette Holdman, and Nigel
Eastman (supra paras. 48 and 50), the Court holds them to be valid and accords
probative value to all evidence that is consistent with the object and purpose of each
of the cases.
82)
Upon examining the expert reports together with the remaining evidence, in
accordance with the rules of "competent analysis" and experience, the Court
considers that it is possible to infer conclusions consistent with the facts. In
accordance with this criterion, the Court attributes high probative value to the
experts' statements, within the diverse contexts and circumstances that correspond
to each of the alleged victims, since each statement reveals essential evidence for
the purposes of this case.
83)
It is relevant to reiterate that the State had the opportunity to submit its own
witnesses and experts and to contest the evidence brought by the parties at the
different procedural stages of this case, but failed to do so.
*
*
*
VIII
PROVEN FACTS
84)
The Court now proceeds to consider the relevant facts that it deems to be
proven and which result from the analysis of the proceedings, as well as the
documentary evidence (which highlights the domestic legislation of Trinidad and
Tobago) and expert testimonial evidence provided.
89
a)
All the alleged victims were tried and convicted of murder in Trinidad
and Tobago, and sentenced to death pursuant to the Offences Against
the Person Act in force in the State since April 3, 1925. 89
b)
The Offences Against the Person Act prescribes the death penalty as
the only applicable sentence for the crime of murder. 90
Cf. Offences Against the Person Act (3 April, 1925), Laws of Trinidad and Tobago, Section 4,
supra note 31.