.
ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF SEPTEMBER 3, 2002∗
PROVISIONAL MEASURES
JAMES ET AL. CASES
HAVING SEEN:
1.
The adoption of Provisional Measures ordered by the Inter-American Court of Human
Rights (hereinafter “the Court”, “the Inter-American Court” or “the Tribunal”), in the James
et al. Cases regarding the circumstances of imminent danger and vulnerability to irreparable
harm of Wenceslaus James, Anderson Noel, Anthony Garcia, Christopher Bethel, Darrin
Roger Thomas, Haniff Hilaire, Denny Baptiste, Wilberforce Bernard, Naresh Boodram,
Clarence Charles, Phillip Chotalal, George Constantine, Rodney Davis, Natasha De Leon,
Mervyn Edmund, Alfred Frederick, Nigel Mark, Wayne Matthews, Steve Mungroo, Vijay
Mungroo, Wilson Prince, Martin Reid, Noel Seepersad, Gangadeen Tahaloo, Keiron Thomas,
Samuel Winchester, Peter Benjamin, Kevin Dial, Andrew Dottin, Anthony Johnson, Amir
Mowlah, Allan Phillip, Krishendath Seepersad, Narine Sooklal, Mervyn Parris, Francis
Mansingh, Balkissoon Roodal, Sheldon Roach, Arnold Ramlogan, Beemal Ramnarace and
Takoor Ramcharan.
2.
The May 22, 1998, communication of the Inter-American Commission on Human
Rights (hereinafter “the Commission” or “the Inter-American Commission”), in which the
Commission submitted to the Tribunal, pursuant to Article 63(2) of the American
Convention on Human Rights (hereinafter “the Convention” or “the American Convention”)
and Article 25 of the Rules of Procedure of the Court in force at that time, a request for the
adoption of Provisional Measures on behalf of Wenceslaus James, Anthony Briggs, Anderson
Noel, Anthony Garcia and Christopher Bethel, in connection with Cases 11,814; 11,815;
11,854; 11,855; and 11,857 respectively, which were pending before the Commission
against the State of Trinidad and Tobago (hereinafter “the State” or “Trinidad and Tobago”).
In said communication, the Commission petitioned the Court
to request the Republic of Trinidad and Tobago to stay the executions of the
individuals on death row in the five cases at issue [Wenceslaus James,
Anthony Briggs, Anderson Noel, Anthony Garcia and Christopher Bethel] until
such time as the Commission has had the opportunity to examine and decide
these cases pursuant to the Convention and the Rules of Procedure of the
Commission.
3.
The Order of the President of the Court (hereinafter “the President”) of May 27,
1998, in which he ordered the adoption of urgent measures and decided:
∗
Judge Máximo Pacheco-Gómez informed the Court that by reason of force majeure, he was unable to
participate in the deliberation and signing of the present Order.