54
Convention. In light of the evidence available in the present Case, found in the
information contained in the "Facts Set Forth" section above (supra para. 60), and in
accordance with the established principle of iura novit curia, the Court concludes that
the State of Trinidad and Tobago violated the right, enshrined in Articles 7(5) and
8(1) in conjunction with Articles 1(1) and 2 of the American Convention, to be tried
within a reasonable time, to the detriment of Haniff Hilaire, George Constantine,
Wenceslaus James, Denny Baptiste, Clarence Charles, Keiron Thomas, Wilson Prince,
Darrin Roger Thomas, Mervyn Edmund, Martin Reid, Rodney Davis, Gangadeen
Tahaloo, Noel Seepersad, Wayne Matthews, Alfred Frederick, Natasha De Leon, Vijay
Mungroo, Phillip Chotalal, Naresh Boodram, Joey Ramiah, Nigel Mark, Wilberforce
Bernard, Steve Mungroo, Peter Benjamin, Krishendath Seepersad, Allan Phillip,
Narine Sooklal, Amir Mowlah, Mervyn Parris and Francis Mansingh.
b)
Similarly, this Tribunal finds sufficient evidence to conclude that in practice,
persons convicted of murder do not have access to adequate legal assistance for the
effective presentation of constitutional motions. Even though the right to present
constitutional motions is protected in the legal system of Trinidad and Tobago, in the
case of George Constantine, Wilson Prince, Mervyn Edmund, Martin Reid, Gangadeen
Tahaloo, Noel Seepersad, Natasha De Leon, Phillip Chotalal, Wilberforce Bernard,
Amir Mowlah and Mervyn Parris, the State impeded the use of this recourse by not
providing the accused with the proper legal aid that would have allowed them to
effectively exercise it, and the recourse was consequently rendered illusory. Thus,
Articles 8 and 25 in relation to Article 1(1) of the American Convention were violated.
c)
The Court draws attention to the fact that Section 6 of the Constitution of the
Republic of Trinidad and Tobago of 1976 establishes that no law in effect prior to the
date the Constitution entered into force may be the object of constitutional challenge
under Sections 4 and 5 (supra para. 84(f)). The Offences Against the Person Act is
incompatible with the American Convention and thus any provision that establishes
that Act’s immunity from challenge is likewise incompatible, by virtue of the fact that
Trinidad and Tobago, as a party to the Convention at the time that the acts took
place, cannot invoke provisions of its domestic law as justification for failure to
comply with its international obligations.
d)
Finally, the Court does not consider it necessary to pronounce judgment
on allegations by the Commission and the representatives of the victims of specific
violations in certain cases in light of the fact that they are included within the broad
nature of the violations already found of the American Convention.
XI
VIOLATION OF ARTICLE 5(1) AND 5(2) IN RELATION TO ARTICLE 1(1) OF
THE AMERICAN CONVENTION
(Detention Conditions)
Contentions of the Commission
153) The Inter-American Commission alleged that the detention conditions to
which twenty-one victims 136 in this case have been subjected to demonstrates a lack
136
The twenty-one victims referred to are: Keiron Thomas (Case No. 11,853), Anthony Garcia (Case
No. 11,855), Darrin Roger Thomas (Case No. 12,021), Rodney Davis (Case No. 12,072), Gangadeen
Tahaloo (Case No. 12,073), Noel Seepersad (Case No. 12,075), Wayne Matthews (Case No. 12,076),