Report No. 124 (1999) IACHR. Petition No. 11.765 (Granada)

Petition Number11.765
Report Number124
Year1999
Respondent StateGrenada
Case TypeAdmissibility
CourtInter-American Comission of Human Rights
Alleged VictimPaul Lallion, Grenada

Report Nº 124/99


CASE 11.765
PAUL LALLION
GRENADA
September 27, 1999

I. SUMMARY

1. This report concerns a petition presented to the Inter-American Commission on Human Rights (hereinafter “the Commission”) by Saul Lehfreund Esq., Solicitor, of Messrs. Simons, Muirhead & Burton, Solicitors, in London, United Kingdom, (hereinafter “the petitioners”) by letter dated June 17, 1997, on behalf of Mr. Paul Lallion. The petition alleges that the State of Grenada (hereinafter “the State”) violated Mr. Lallion’s rights under the American Convention on Human Rights (hereinafter “the Convention”) and the American Declaration on the Rights and Duties of Man (hereinafter "the Declaration").

2. The petitioners indicate that Mr. Lallion, a national of Grenada, was convicted of murder on December 19, 1994, and a mandatory death sentence was imposed on him pursuant to the domestic law of Grenada. According to the petitioners, Mr. Lallion appealed his conviction and sentence to the Court of Appeal in Grenada, and his appeal was dismissed by the Court on September 15, 1995.

3. The petitioners argue that the Petition is admissible because Mr. Lallion has satisfied the requirements of Articles 46 of the Convention and Articles 37 and 38 of the Commission’s Regulations. The petitioners also allege that the State has violated Mr. Lallion’s rights under Articles 4(1), 4(6), 5(1), 5(2), 5(6), 7(2), 7(4), 7(5), 8 and 24 of the Convention and Articles I, II, XVIII and XVIII of the Declaration.

4. In their petition, the petitioners requested the Commission to issue Precautionary Measures pursuant to Article 29(2) of its Regulations against the State and ask that the State suspend Mr. Lallion’s execution to avoid irreparable damage to him while his case was pending determination before the Commission. The petitioners also requested that the Commission recommend to the State that it quash Mr. Lallion’s death sentence and release him from prison.

5. In this report, the Commission concludes that the petitioners' claims relating to violations of the Convention satisfy the requirements of Article 46 of the Convention and are therefore admissible. The Commission also concludes that the petitioners' claims relating to violations of the Declaration are inadmissible.

II. PROCEEDINGS BEFORE THE COMMISSION

6. Upon receipt of the petition and submissions of the parties, the Commission has complied with the requirements of its Regulations. It has studied the petition, requested information from the parties and forwarded the pertinent parts of each party’s submissions to the other party. The letter presenting the petition to the Commission was dated June 17, 1997, and was received by the Commission on June 18, 1997. By letter dated June 19, 1997, the petitioners informed the Commission that they intended to forward supplemental arguments concerning the exhaustion of domestic remedies to the Commission. On June 23, and July 2, 1997, the petitioners forwarded these supplemental arguments to the Commission.

7. On July 2, 1997, the Commission forwarded the pertinent parts of the petition and the petitioners’ supplementary arguments to the State and requested observations within 90 days with respect to claims raised in the petition, as well as any additional information regarding exhaustion of domestic remedies. The Commission also requested that the State stay Mr. Lallion's execution pending an investigation by the Commission of the alleged facts.

8. By letter dated November 3, 1997, the petitioners requested that the Commission hold a hearing in the case and conduct an on-site visit to Richmond Hill Prison, St. Georges, Grenada, where Mr. Lallion is presently incarcerated. By letter dated January 23, 1998, the Commission informed the State and the petitioners that a hearing in the case was scheduled for Friday, February 27, 1998, during the Commission’s 98th Period of Sessions.

9. By communication dated February 3, 1998, the State replied to the petition. In its reply, the State indicated that Mr. Lallion' mandatory death sentence, as well as hanging as a method of execution, were lawful under the Constitution of Grenada. The State also claimed that “all domestic legal remedies and procedures have been exhausted and the sentence of the Court would have to be executed as there have been no undue and unconscionable delay in the execution."

10. The Commission transmitted the pertinent parts of the State’s response to the petitioners on February 11, 1998 and requested that the petitioners submit its observations within 30 days.

11. On February 24, 1998, the Commission received additional observations from the petitioners, claiming that the State had also violated Mr. Lallion’s right to liberty pursuant to Article 7 of the American Convention. The Commission forwarded the pertinent parts of the additional information to the State on February 24, 1998, with a response requested within 30 days. Also on February 24, 1998, the Commission received the petitioners’ arguments for the hearing scheduled on February 27, 1998 and forwarded them to the State on February 25, 1998.

12. The Commission convened a hearing on the admissibility and merits of the petitioners' case on February 27, 1998 during its 98th Period of Sessions. The petitioners attended the hearing and made oral representations to the Commission in respect of the claims raised in their petition. The State did not appear at the hearing.

13. By communications dated September 1, 1998 and August 18, 1999 to the State, the Commission reiterated its request for information pertaining to the petitioners' additional submissions dated February 24, 1998.

III. POSITIONS OF THE PARTIES ON ADMISSIBILITY

A. Position of the petitioners

a. Claims by the petitioners

14. In their petition, the petitioners allege violations of Articles 4(1), 4(6), 5(1), 5(2), 5(6), 7(2), 7(4), 7(5), 8 and 24 of the Convention and Articles I, II, XVIII and XXVI of the Declaration. In particular, the petitioners argue that the mandatory death sentence imposed on Mr. Lallion under the State's penal law governing the crime of murder violates Mr. Lallion’s right to life under Article 4(1) of the Convention and Article I of the Declaration, and the right to humane treatment under Article 5 of the Convention and Article XXVI of the Declaration.

15. In addition, the petitioners argue that the State has violated Mr. Lallion’s rights to a fair trial and to equality before the law under Articles 8 and 24 of the Convention and Articles II and XVIII of the Declaration because of the manner in which the Advisory Committee on the Prerogative of Mercy in Grenada grants amnesty, pardon and commutation of sentence. In particular, they complaint that Mr. Lallion does not have the right to make representations to the Advisory Committee, to receive and comment upon information before the Advisory Committee when it considers his case, or to otherwise have the benefit of any other procedure regulated by law providing an objective and proportionate decision on whether the death penalty is an appropriate punishment in the circumstances of Mr. Lallion's case.

16. The petitioners also allege violations of Mr. Lallion’s right to humane treatment under Article 5(1), 5 (2), and 5(6) of the Convention, and Article XXVI of the Declaration, because of his conditions of detention, and allege that these violations also render the implementation of his death sentence unlawful.

17. Finally, the petitioners allege violations of Article 7(2), 7(4) and 7(5) of the Convention, because Mr. Lallion was detained in police custody for over 48 hours and was not promptly notified of the charges against him or brought promptly before a judge or other judicial officer. The petitioners contend that these rights are also protected under Grenada's domestic law.

b. Exhaustion of domestic remedies

18. The petitioners argue that Mr. Lallion has exhausted the domestic remedies of Grenada because, after...

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