49
128) With respect to the availability of legal assistance, the Commission specifically
alleged that Narine Sooklal (Case No. 12,152) was denied permission on six
occasions to make telephone calls to obtain legal representation. For this reason, he
did not benefit from legal counsel until immediately before the preliminary inquiry,
which took place six months after his arrest. Consequently, the Commission argued
that in his specific case, Article 8(2)(d) of the American Convention was violated.
129) Likewise, the Commission specifically alleged in the case of Keiron Thomas
(Case No. 11,853), that during the appeal requested by the victim, the lawyer
appointed by the State to represent him informed the Court of Appeal that, in his
opinion, the appeal was unfounded and would not succeed. As a result, the victim
dismissed his lawyer and requested that he have the opportunity to obtain another
lawyer or defend himself personally. The Court of Appeal refused his petition and
ordered that Keiron Thomas continue to be represented by the lawyer that he had
objected to. In light of these facts, the Commission claimed that the State is
responsible for violating Article 8(2)(d) and 8(2)(e) of the Convention.
130) The Commission argued that the victim in Case No. 12,052, Martin Reid, was
found guilty of murder solely on the basis of the positive identification made by of
one witness for the prosecution. However, after his conviction, the State provided
the victim’s lawyers with a copy of a statement made by the witness prior to the
aforementioned testimony, containing information that contradicted the trial
testimony that led to Martin Reid’s conviction. The Commission therefore claimed
that, with respect to this victim, Trinidad and Tobago violated Article 8(2)(c) of the
Convention.
131) Similarly, in the case of Peter Benjamin (Case No. 12,148), the Commission
claimed that the weapon allegedly used by Benjamin to commit the murder was 16gague while the weapon that killed the murder victim was 12-gague.
Thus,
Benjamin could not have committed this murder. The Commission added that
although this information was available at trial, its due significance and scope was
not brought to light. In the opinion of the Commission, this constitutes a violation of
Article 8(1) of the American Convention.
Contentions of the Representatives of the Alleged Victims
132) In regard to the violation of Articles 7(5) and 8(1) of the Convention, the
representatives of the victims concurred with the contentions of the Inter-American
Commission and asked the Court to commute the death sentences by virtue of the
delay in the proceedings (supra para. 120). Below, the Court presents a summary of
their allegations.
133) The representatives stated that international jurisprudence establishes that a
conviction issued pursuant to a trial where there were unjustified delays may be
quashed. The Court, therefore, should order the State to commute the sentences
imposed.
134) The representatives also claimed that there was a violation of Article 2 of the
Convention because the State had not adopted the necessary measures to give full
effect to the rights protected therein. They added that Trinidad and Tobago has not
revised its criminal statutes to allow the exercise of discretion in sentencing, has not
amended its Constitution to guarantee the right to a fair trial within a reasonable