and Tobago had accepted the JCPC decision in Charles Matthew, and would commute the sentences of those affected, which included the alleged victims. On June 10, 2005, the Ministry of National Security informed the victims in writing of its intention to convene hearings in respect of their sentences in order to consider issuing warrants of execution, and of its intention to execute as early as June 14, 2005. 84. Following a constitutional motion filed for a declaration that execution would be unlawful, a conservatory order was granted on June 13, 2005 imposing temporary stays on executions. The constitutional motion was finally granted and on August 15, 2008, the sentences of the alleged victims were commuted to life imprisonment. 85. Therefore, the Commission concludes that during five or six years Messrs. Dial and Dottin remained on death row despite the existence of jurisprudence that allowed them to have their sentences commuted, and therefore benefit from rehabilitation programs. Trinidad and Tobago thus failed to guarantee that the victims could effectively exercise their right to have their death sentence commuted. 86. Given that these facts took place after the entry into force of the denunciation of the American Convention by Trinidad and Tobago, they constituted a violation to the victims’ rights to due process and judicial protection under Articles XVIII and XXVI of the American Declaration. Such treatment, coupled with the threats to execute the victims, the prison conditions and the length of time on death row would further contribute to inhumane treatment to the detriment of the alleged victims, as shall be outlined below. 87. Regarding petitioners’ allegation of a violation to the right to equality before the law protected under Article II of the Declaration, the Commission notes that there is no information before it indicating that, after the decision in Roodal, other death row prisoners who were in the same situation as the victims, had their sentences commuted. Accordingly, the IACHR considers that it does not have sufficient information to declare a violation of Article II of the American Declaration. D. The deprivation of liberty on death row and the right of protection against cruel, infamous or unusual punishment102 1. Death row phenomenon103 88. The long term deprivation of liberty on death row is referred to within both international human rights and comparative law as the “death row phenomenon”, and infringes on a person’s freedom from cruel, inhuman or degrading punishment. Such treatment violates the prohibition of cruel, inhuman or degrading punishment in Constitutions and in multiple international treaties, including the American Declaration (Articles XXV and XXVI).104 89. The Commission takes note of the concept of the death row phenomenon of the United Nations Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment that: (…) it consists of a combination of circumstances that produce severe mental trauma and physical deterioration in prisoners under sentence of death.105 Those circumstances include the lengthy and anxiety-ridden wait for uncertain outcomes, isolation, drastically reduced human contact and even the physical conditions in which some Article XXV of the American Declaration provides: “[…] Every individual who has been deprived of his liberty has the right […] to humane treatment during the time he is in custody.” Article XXVI of the American Declaration provides: “[…] Every person accused of an offense has the right […] not to receive cruel, infamous or unusual punishment.” 103 Article XI of the American Declaration provides: “The right to the preservation of health and well-being – every person has the right to the preservation of his health through sanitary and social measures relating to food, clothing, housing and medical care, to the extent permitted by public and community resources.” 104 IACHR, Report No. 71/18, Case 12.958. Merits. Russell Bucklew. United States, May 10, 2018, paras. 86-90. In this report the Commission has cited a number of developments in the inter-American and other protections systems, including the regional and United Nations systems. 105 United Nations. Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment of punishment. 9 August 2012. A/67/279, para 42. Citing: Patrick Hudson, “Does the death row phenomenon violate a prisoner’s rights under international law?”, European Journal of International Law, vol. 11, No. 4 (2000), pp. 834-837. 102 18