2 Ramiah), 12,137 (Nigel Mark), 12,140 (Wilberforce Bernard) and 12,141 (Steve Mungroo), received by its Secretariat between July 1997 and February 1999. II FACTS SET FORTH IN THE APPLICATION 2) The Inter-American Commission set forth in its application the facts on which it is based. In the following paragraphs, the Court summarizes the facts and claims relevant to the consideration of the preliminary objection: The State of Trinidad and Tobago is responsible for the violation of the following articles of the American Convention on Human Rights (hereinafter “the American Convention” or “the Convention”) (infra 18): 4(1), 5(1), 5(2), and 8(1), for sentencing George Constantine, Wenceslaus James, Denny Baptiste, Clarence Charles, Keiron Thomas, Anthony Garcia, Wilson Prince, Darrin Roger Thomas, Mervyn Edmund, Samuel Winchester, Martin Reid, Rodney Davis, Gangadeen Tahaloo, Noel Seepersad, Wayne Matthews, Alfred Frederick, Natasha De Leon, Vijay Mungroo, Phillip Chotalal, Joey Ramiah and Naresh Boodram, Nigel Mark, Wilberforce Bernard and Steve Mungroo (hereinafter “the alleged victims”) to a “mandatory death penalty”; 4(1), 5(1), and 5(2), for applying the death penalty to one of the alleged victims while his case was pending before the Inter-American System of Human Rights; 4(6), for failing to provide these twenty-four alleged victims with an effective right to apply for amnesty, pardon, or commutation of sentence; 7(5) and 8(1), for the delay in the criminal process of seventeen of the alleged victims; 25 and 2, for failing to adopt legislative or other measures necessary to give effect to the right to be tried before a competent tribunal within a reasonable time for the same seventeen alleged victims under Articles 7(5) and 8(1) of the Convention; 5(1) and 5(2), for reason of sixteen of the alleged victims’ conditions of detention; 8(2)(c), for failing to disclose a highly probative witness statement to one of the alleged victims prior to his trial, and consequently for denying the alleged victim adequate means by which to prepare his defence; 8(2)(d) and 8(2)(e), for denying one of the alleged victims the right to defend himself personally or to be properly assisted by legal counsel of his choice in the course of his appeal before the Trinidad and Tobago Court of Appeal; 8(1) and 25, for failing to make legal aid effectively available to nine of the alleged victims to pursue constitutional motions in the domestic courts in connection with their criminal proceedings; all in relation to Article 1(1) of the Convention. The Inter-American Commission supports its statements, inter alia, with the following facts:

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