15
47)
The State added that the Constitution of Trinidad and Tobago is and was, at
the moment of ratification of the Convention, compatible with the same. It argued
that its “reservation” cannot be interpreted as contrary to the object and purpose of
the Convention because the “reservation” is only related to the optional procedure
contained in Article 62 of the Convention, which in no way affects the substantive
rights guaranteed in the Convention. The purported “reservation,” as presented, it
argued, does not restrict the obligations assumed by the State under the Convention
in relation to individuals within its jurisdiction.
48)
Trinidad and Tobago also maintained that, if the Court declares the State’s
Article 62 “reservation” incompatible with the object and purpose of the American
Convention, the effect of such a determination would be to render the State’s
declaration accepting the Court’s compulsory jurisdiction null and void ab initio.
49)
The State added that the International Court of Justice, in its Advisory
Opinion on Reservations to the Convention on the Prevention and Punishment of the
Crime of Genocide (1951), indicated that
[…] if a Party to the Convention objects to a reservation which it considers to be
incompatible with the object and purpose of the Convention, it can in fact consider the
reserving State is not a party to the Convention […]
50)
The State indicated that, in its legal system, it is the Legislative Power that
makes the laws. The Executive cannot, at the moment of ratification of a treaty,
alter the laws of the Republic or create a constitutional breach. For this reason, the
Executive, at the time of accession to the Convention and acceptance of the
compulsory jurisdiction of the Court, formulated the “reservation” under Article 62.
In this same manner, the State denounced the Convention in May of 1998, in virtue
of the need to observe the provisions of the Constitution of the Republic of Trinidad
and Tobago.
51)
If the “reservation” of State were, for any reason, considered invalid, it would
not mean that the State declared its unlimited acceptance of the compulsory
jurisdiction of the Court. On the contrary, it is clear that the State never intended to
accept, in its totality, the jurisdiction of the Court. If the “reservation” is invalid,
then the declaration was invalid and the State never made a declaration.
Arguments of the Commission
52)
The Commission sustained that the impugned term in the State’s declaration
of acceptance of the Court’s jurisdiction should be considered invalid because it is
impossible to determine its exact nature and scope. It is excessively vague and
should not be interpreted in a manner that affects the Court’s jurisdiction to decide
cases against the State. If a meaning is to be attributed, it should be interpreted in
a manner that limits the legal effects of the Court’s judgments, and not the Court’s
jurisdiction to decide cases against the State.
53)
The Commission indicated that the United Nations Human Rights Committee
has stated that reservations to human rights treaties must be specific and
transparent so that courts, individuals under the jurisdiction of a reserving State, and
other States parties can know which human rights obligations have or have not been
undertaken. The term contained in the State’s “reservation” appears to modify the
degree of acceptance of the compulsory jurisdiction of the Court. However, a simple