In accordance with Article 35 of the Rules of Procedure of the Inter-American Court, the Commission encloses a copy of Report on the Merits No. 331/20 prepared in compliance with Article 50 of the Convention, as well as a copy of the entire file before the Inter-American Commission (Appendix I) and the annexes used in the preparation of Report on the Merits No. 331/20 (Annexes). The IACHR notified the report to the State on March 23, 2021, granting it a period of two months to report on compliance with the recommendations. To date, the State has not submitted a report on the measures adopted nor has it requested the suspension of the time period provided for in Article 51(1) of the American Convention in accordance with Article 45 of the IACHR Rules of Procedure. Therefore, the Commission decided to refer the case to the jurisdiction of the InterAmerican Court in view of the need to obtain justice and reparation for the victims. Specifically, the Commission submits to the Honorable Court the State actions and omissions that took place while the American Convention was in force in Trinidad and Tobago, that is, between May 28, 1991, and May 26, 1999. Therefore, the facts relating to the imposition of the mandatory death penalty and to due process violations that took place under the American Convention fall within the jurisdiction of the Honorable Court. In this regard, the Commission requests the Honorable Court to conclude and declare that the State of Trinidad and Tobago is responsible for the violation of the rights to life, to personal integrity, to personal liberty, to judicial guarantees, and to judicial protection enshrined in Articles 4. 1, 4.2, 4.6, 5.1, 5.2, 7.5, 8.1, 8.2 and 25.1 of the American Convention on Human Rights, in relation to Articles 1.1 and 2, to the detriment of Kevin Dial and Andrew Dottin, in the terms described throughout the Report on the Merits. Consequently, the Commission requests the Inter-American Court to establish the following measures of reparation: 1. Grant Kevin Dial and Andrew Dottin effective relief, including the review of their trials and sentences in accordance with the guarantees of fair trial and due process set forth in Articles XVIII and XXVI of the American Declaration, and the payment of pecuniary compensation. 2. Review its laws, procedures, and practices to ensure that persons accused of capital crimes are tried within a reasonable time after their arrest and, if convicted, sentenced in accordance with the rights established in the American Declaration, including Articles specific to fair trial, due process and humane treatment during custody. 3. Ensure that prisons conditions are compatible with international human rights standards in accordance with the right of protection against cruel, infamous or unusual punishment. 4. Given the violations of the American Declaration and the American Convention, the InterAmerican Commission also recommends to Trinidad and Tobago that it abolishes the death penalty, including the mandatory death penalty.1 In addition to the need to obtain justice and reparation for the lack of compliance with the recommendations of the merits report, the Commission considers that the case presents issues of interAmerican public order. The Honorable Court will have the opportunity to continue to develop its jurisprudence on the duty to investigate. In addition to the need to obtain justice and reparation for the lack of compliance with the recommendations of the Report on the Merits, the Commission considers that the case presents matters of inter-American public order. In particular, the Honorable Court will have the opportunity to continue developing its jurisprudence on the death penalty, specifically regarding the prohibition of the imposition of the mandatory death penalty. 1 See in this regard, IACHR, The death penalty in the Inter-American Human Rights System: From restrictions to abolition, OEA/Ser.L/V/II.Doc 68, December 31, 2011. 3

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