Report No. 97 (2011) IACHR. Petition No. 12.245 (Trinidad y Tobago)

• Report Number: 97
• Petition Number: 12.245
• Year: 2011
• Respondent State: Trinidad & Tobago
• Court: Inter-American Comission of Human Rights
• Case Type: Archive
• Alleged Victim: Robert Taylor

3

REPORT Nº 97/11

DECISION TO ARCHIVE

PETITION 12.245

TRINIDAD AND TOBAGO

July 21, 2011

ALLEGED VICTIM: Robert Taylor

PETITIONERS: Reynolds Porter Chamberlain Solicitors

ALLEGED VIOLATIONS: Articles 1, 4(1), 5(1), 5(2), 7(5), 8(1), 8(3) and 25 of the American Convention; and Articles I, XVIII, XXV and XXVI of the American Declaration.

BEGINNING OF PROCESSING: February 4, 2000

1. POSITION OF THE PETITIONER

1. On January 5, 2000 the Inter-American Commission on Human Rights (the “Inter-American Commission” or the “IACHR”) received a petition on behalf of Robert Taylor (“Mr. Taylor” or the “alleged victim”), an inmate at the State Prison of Port of Spain, presented by Bernard Richmond from Reynolds Porter Chamberlain Solicitors (the “petitioner”). The petitioner states that Mr. Taylor was convicted of murder and sentenced to the mandatory penalty of death without being afforded any proper opportunity to present evidence in mitigagion and/or argue that he should not be put to death.

2. According to the information available, Mr. Taylor was convicted of murder and sentenced to the mandatory penalty of death on February 17, 1995. On February 6, 1998, the appeal to the Court of Appeal of Trinidad and Tobago against the conviction and sentence was dismissed; and on December 2, 1999, an application for special leave to appeal as a poor person to the Judicial Committee of the Privy Council was dismissed.

3. With respect to the merits of the complaint, the petitioner contends that the mandatory nature of the death sentence in every case of murder is cruel, inhuman and degrading; the sentence passed upon the alleged victim was an arbitrary one as he was denied any opportunity to present mitigating evidence or to stress to the Court individual circumstances in his particular case which would justify a lesser sentence; the delay between arrest, charge and trial was unreasonable; Mr. Taylor’s detention in inhuman and degrading conditions renders unlawful the carrying out of his sentence of death; and the failure of the State to provide legal aid for constitutional motions denies the alleged victim access to a court and hence to an effective remedy.

4. By letter dated April 17, 2000, the petitioner informed the Commission that additional domestic proceedings were being pursued on behalf of Mr. Taylor and requested that the Commission hold Mr. Taylor’s petition in abeyance in the interim. The IACHR acknowledged receipt by note of April 20, 2000, and requested that it be kept apprised of any information or developments concerning Mr. Taylor’s domestic proceedings. On October 13, 2000, the petitioner informed the IACHR about the submission on October 11, 2000, of an Application under Section 64 of the Supreme Court Judicature Act 4.1 to the President of the Republic of Trinidad and Tobago in the light of fresh evidence obtained.

5. On September 2, 2005 the IACHR requested information from the petitioner concerning the status of Mr. Taylor’s death sentence, as well as the application mentioned above, in order that the Commission could determine whether to continue with the processing of the matter. On September 15,...