7
recommended that the State, in relation to the 23 cases that are the subject of this
application3:
1.
Grant the victims in the cases that are subject of [this] Report an
effective remedy which includes commutation of sentence and compensation;
2.
Provide adequate compensation to the next of kin of Joey Ramiah
(Case No. 12,129) for the violations referred to in [this Report] in relation to
Mr. Ramiah;
3.
Adopt such legislative or other measures as may be necessary to
ensure that the death penalty is imposed in compliance with the rights and
freedoms guaranteed under the Convention, including and in particular,
Articles 4, 5 and 8;
4.
Adopt such legislative or other measures as may be necessary to
ensure that the right under Article 4(6) of the Convention to apply for
amnesty, pardon or commutation of sentence is given effect in Trinidad and
Tobago;
5.
Adopt such legislative or other measures as may be necessary to
ensure that the right to trial within a reasonable time under Articles 7(5) and
8(1) of the Convention is given effect in Trinidad and Tobago, including
effective recourse to a competent court or tribunal for protection against acts
that violate those rights;
6.
Adopt such legislative or other measures as may be necessary to
ensure that the right to a fair hearing under Article 8(1) of the Convention
and the right to judicial protection under Article 25 of the Convention are
given effect in Trinidad and Tobago, in relation to recourse to constitutional
motions.
10)
By communication dated January 22, 2000, the State replied to the
Commission’s request for information on the measures taken to comply with the
recommendations.
11)
On February 22, 2000, the Inter-American Commission, pursuant to Article 51
of the American Convention, decided to submit the case to the Court.
IV
PROVISIONAL MEASURES
12)
On May 22, 1998, prior to the submission of the application, the Commission
requested that the Court adopt provisional measures to preserve the lives and
physical integrity of Wenceslaus James and Anthony Garcia, among others4.
3
In the four cases in which the State did not deliver any observations (12,021; 12,043; 12,076
and 12.141), the Commission applied Article 42 of its Rules of Procedure in determining the admissibility
and merits of the cases, presuming the facts reported in the petitions to be true, provided the evidence in
each case did not lead to a different conclusion.
4
The other persons mentioned by the Commission in its request are not included in the application
of the present case.