Legal Material

Case of Hilaire, Constantine and Benjamin et al v Trinidad and Tobago, Hilaire and ors v Trinidad and Tobago, Merits, reparations and costs, IACHR Series C no 9, IHRL 1477 (IACHR 2002), 21st June 2002, Inter-American Court of Human Rights [IACtHR]



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Whether a mandatory death penalty for convicted murderers, without consideration of circumstantial evidence and without possibility of amnesty, pardon, or commutation of the sentence, violated Articles 4 (right to life) and 2 of the American Convention on Human Rights (‘ACHR’) (domestic legal effects).

Whether Trinidad and Tobago violated the prisoners’ right to a fair trial with judicial protection during a criminal procedure within a reasonable time, as protected by Articles 7 (right to personal liberty), 8 (right to a fair trial), and 25 of the ACHR (right to judicial protection).

Whether Trinidad and Tobago violated Articles 4 (right to life) and 5 of the ACHR (right to humane treatment) when it subjected a prisoner to cruel, inhuman, or degrading treatment before he was executed, although a case was pending before the Inter-American Court of Human Rights.

Keywords: Capital punishment; Human rights, freedom from torture and cruel, inhuman, or degrading treatment; Human rights, right to effective remedy; Human rights, right to fair trial; Human rights, right to liberty and security of person; Human rights, right to life; International law and domestic law, conflicts between

Legal Material.  55557 words. 

Subjects: Public International Law ; International Law ; Law

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