Report No. 36 (2010) IACHR. Petition No. 11.718 (Trinidad y Tobago)

• Court: Inter-American Comission of Human Rights
• Year: 2010
• Petition Number: 11.718
• Report Number: 36
• Respondent State: Trinidad & Tobago
• Case Type: Archive
• Alleged Victim: Anthony Johnson

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REPORT Nº 36/10

PETITION 11.718

DECISION TO ARCHIVE

TRINIDAD AND TOBAGO

March 16, 2010

ALLEGED VICTIM: A.J.

PETITIONER: S.L.

ALLEGED VIOLATIONS: Articles 4, 5, 8, 9 and 24 of the American Convention on Human Rights (the “American Convention”) and Articles II, VXIII and XXVI of the American Declaration of the Rights and Duties of Man (the “American Declaration”)

INITIATION OF PROCESSING: J. 14, 1997

1. POSITION OF THE PETITIONER

1. On November 1, 1996, the Inter-American Commission on Human Rights (the “Inter-American Commission” or the “IACHR”) received a communication from A.N.J. (“Mr. J.” or the “alleged victim”), against Trinidad and Tobago (the “S.” or “Trinidad & Tobago”), alleging that his rights were violated during a trial that led to his death sentence.

2. On May 19, 1999, S.L. (the “petitioner”), presented a petition on behalf of Mr. J., alleging breaches of J.’s right to life, to humane treatment, to a fair trial and to equality under the law, under Articles 4(1) and 4(6), 5, 8 and 24 of the American Convention and Articles II, VXIII and XXVI of the American Declaration. In this respect, the petitioner submits that Mr. J. has been subjected to the mandatory imposition of the death penalty and denied access to a fair hearing before the S.’s Advisory Committee on the Power of Pardon. At the time of the petition, M.J. had a domestic appeal pending before the Judicial Committee of the Privy Council (“JCPC”), in which he was also represented by the petitioner.

3. On November 5, 1999, the petitioner informed the IACHR that Mr. J.’s appeal was allowed by the JCPC, which subsequently quashed his conviction and remitted the matter to the Court of Appeal of Trinidad & Tobago for it to consider whether the alleged victim should be re-tried. On J. 23, 2004, the petitioner informed the IACHR that the Court of Appeal ordered a retrial, in which the alleged victim was subsequently convicted of manslaughter and re-sentenced to seven years imprisonment. F., the petitioner informed the IACHR that in a judgment dated J. 26, 2002, the Court of Appeal dismissed the appeal lodged by M.J. against the latter conviction and sentence.¹ The petitioner did not present further complaints following this decision.

II. POSITION OF THE STATE

4. On May 16, 1997 the S. responded to the initial petition, arguing that because M.J. had filed a petition before the JCPC in London, he had not exhausted internal legal remedies. The S. added that in the event M.J. lost his appeal, he would be allowed to apply to the Advisory Committee on the Power and...