Report No. 39 (2011) IACHR. Petition No. 9239 (Granada)

• Report Number: 39
• Petition Number: 9239
• Court: Inter-American Comission of Human Rights
• Respondent State: Grenada
• Alleged Victim: Andy Mitchell y otros
• Case Type: Archive

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REPORT No. 39/11

PETITION 9.239

DECISION TO ARCHIVE

GRENADA

M. 23, 2011

Alleged victims: A.M. et al.

P.: Ramsey Clark, Lawrence W. Schilling and Langston R. M. Sibblies

Initiation of processing: M. 1, 1984

Alleged violations: Articles 4.2, 4.3, 4.4, 5, 7, 8.1, 8.3, 8.5, 9, 24 and 25 of the American Convention on Human Rights (the “American Convention”)

1. POSITIONS OF THE PARTIES

A. THE PETITIONERS

1. On February 24, 1984, the Inter-American Commission on Human Rights (the “Inter-American Commission” or the “IACHR”) received a petition from R.C., Lawrence W. Schilling and Langston R. M. Sibblies (the “petitioners”), on behalf of C.B., C.S., B.C., Leon Cornwall, D.B., C.M., P.C., L.R., H.A., L.J., J.A.V., E.L., S.S., C.P., V.J., Cosmos Richardson and A.M. (the “alleged victims”). At the time of the filing of the petition the alleged victims were detained in Richmond Hill Prison charged for the murder of Prime Minister Maurice Bishop and 10 others on October 19, 1983. The petitioners alleged inhuman conditions of detention and due process violations.

2. W. regard to prison conditions, the petitioners reported that the alleged victims were frequently beaten and tortured; that they were held in solitary confinement; that their access to counsel was restricted; and that they were deprived of certain basic necessities. The petitioners also maintain that some of the alleged victims were forced to sign a confession. F., they assert that the alleged victims’ trial and appeal were presided over by unconstitutional courts and that they were denied a public trial, among other due process violations.

3. In 1986 V.J., C.R. and A.M. were sentenced to 30 to 45 years in prison and the other fourteen accused were sentenced to death. On August 14, 1991, the death sentences were commuted to sentences of life imprisonment. According to publicly available information, V.J., C.R. and A.M. were released after spending 20 years in prison and P.C., the only woman, was released in 2000 for health reasons¹. According to the last information received from petitioners, on February 7, 2007, the Judicial Committee of the P.C. (“the P.C.”) returned the case of the thirteen alleged victims still in prison to the Court of Grenada for resentencing. According to public information, the thirteen were released between J. 27, 2007 and September 5, 2009².

B. THE STATE

4. The S. of Grenada argued that the alleged incidents of torture and denial of right to counsel were frivolous, vexatious and without foundation. Grenada also stated that no credible evidence was presented to prove that the cautioned statements given by the petitioners were produced under torture. The S. also rejected the allegation of unconstitutionality of the courts.

II. PROCESSING BEFORE THE INTER-AMERICAN COMMISSION

5. The IACHR received the petition on February 24, 1984. By note of M. 1, 1984, the Commission notified the S. of the petition, giving it three months to provide the information it deemed appropriate as set forth in the Rules of Procedure in force at the time. The S. response was presented on April 23, 1984, and the IACHR transmitted the pertinent parts to the petitioners.

6. From August 1984 to January 1993 the IACHR received several communications from the petitioners and the S., all of which were dully remitted to the other party. In November 1985, C.O.J. traveled to Grenada on behalf of the IACHR to observe the trial of the alleged victims. On September 19, 1991, and...