8
13)
By Order of May 27, 1998, the President of the Court (hereinafter “the
President”) ordered the adoption of the requested measures in the matter of James
et al., and, on June 14 of the same year, the Court ratified this Order.
14)
On August 29, 1999, the Court expanded the provisional measures in the
matter of James et al. to include Darrin Roger Thomas, Haniff Hilaire and Denny
Baptiste5.
15)
On May 3, 1999, the Commission requested that the Court expand the
provisional measures ordered in the matter of James et al. in order to include twenty
additional persons, namely: Wilberforce Bernard, Naresh Boodram, Joey Ramiah,
Clarence Charles, Phillip Chotalal, George Constantine, Rodney Davis, Natasha De
Leon, Mervyn Edmund, Alfred Frederick, Nigel Mark, Wayne Mathews, Steve
Mungroo, Vijay Mungroo, Wilson Prince, Martin Reid, Noel Seepersad, Gangadeen
Tahaloo, Keiron Thomas and Samuel Winchester.
16)
On May 11, 1999, the President of the Court ordered the State, inter alia, to
take all measures necessary to preserve the lives of the alleged victims (supra 15),
so that the Court could examine the pertinence of the Commission’s request for
amplification. On May 25, 1999, the plenary of the Court ratified the President’s
Order of May 11, 1999.
17)
As of this date, the State has been filing the relevant reports with respect to
the situation of the persons protected, and the Commission has filed its observations
on the State’s reports.
V
PROCEEDING BEFORE THE COURT
18)
On February 22, 2000, the Inter-American Commission presented its
application in the following terms:
The Inter-American Commission on Human Rights respectfully petitions the Honorable
Inter-American Court of Human Rights to declare violations of the Convention by the
State, establish reparations for those violations, and determine costs and expenses to be
paid to the representatives of the victims.
A.
Declarations of Violations
The Inter-American Commission on Human Rights respectfully petitions the
Honorable Inter American Court of Human Rights to:
Find that the Republic of Trinidad and Tobago is responsible for:
1.
In Cases 11,787 (George Constantine), 11,814 (Wenceslaus James), 11,840
(Denny Baptiste), 11,851 (Clarence Charles), 11,853 (Keiron Thomas), 11,855 (Anthony
Garcia), 12,005 (Wilson Prince), 12,021 (Darrin Roger Thomas), 12,042 (Mervyn
Edmund), 12,043 (Samuel Winchester), 12,052 (Martin Reid), 12,072 (Rodney Davis),
12,073 (Gangadeen Tahaloo), 12,075 (Noel Seepersad), 12,076 (Wayne Matthews),
12,082 (Alfred Frederick), 12,093 (Natasha De Leon), 12,111 (Vijay Mungroo), 12,112
(Phillip Chotalal), 12,129 (Naresh Boodrarn and Joey Ramiah), 12,137 (Nigel Mark),
12,140 (Wilberforce Bernard), and 12,141 (Steve Mungroo) the State is responsible for
the violation of the rights under Articles 4(1), 5(1), 5(2) and 8(l), in conjunction with
Article 1(1) of the American Convention, for sentencing these victims to mandatory death
penalties.
5
Mr. Haniff Hilaire was not included in the application of the present case.