3
Francis Mansingh have been sentenced to the penalty of death for the crime
of murder in Trinidad and Tobago and whose cases have not been submitted
for examination under any other procedure of international investigation or
settlement to any other international organisation;
b)
in each case, the petition states facts that tend to establish a violation
of the rights guaranteed under the Convention. In particular, the petitions
alleged that the alleged victims’ conditions of detention in prison violate the
State’s obligations under Article 5 of the Convention, and that the trials that
resulted in their convictions and sentences were unfair, contrary to Article 8
of the said Convention, acts that were taken by the State prior to 26 May
1999, the effective date of the State’s denunciation of the Convention;
c)
certain issues raised by the circumstances of the alleged victims, in
particular the compatibility of their death sentences with the rights protected
under the Convention, cannot be effectively challenged before domestic
courts in the State, and therefore, effective domestic remedies do not appear
to be available;
d)
the Commission requested precautionary measures in each of these
cases pursuant to Article 29(2) of the Commission’s Regulations, with no
response from the State;
e)
the State’s denunciation of the Convention, pursuant to Article 78 of
said instrument, should not be considered to affect the jurisdiction of either
the Court or the Commission to entertain these matters;
f)
the Commission has not had the opportunity to complete its
examination of these complaints and to issue decisions in all of these cases,
and, given these circumstances, it considers that the execution of the two
individuals would render any eventual decision of the Commission moot, in
terms of the efficacy of potential remedies, causing irreparable harm to the
individuals to whom the sentences and complaints relate.
6.
The Order of the President of the Court (hereinafter “the President”) of 19
June 1999, in which he amplified the provisional measures to include Mervyn Parris
and Francis Mansingh, and decided:
1.
To require the Republic of Trinidad and Tobago to take all measures necessary
to preserve the lives of Mervyn Parris and Francis Mansingh, so that the Court may
examine the pertinence of the request of the Inter-American Commission on Human
Rights to amplify the provisional measures adopted in the James et al. Cases.
2.
To require the Republic of Trinidad and Tobago to submit an urgent
communication to the Inter-American Court of Human Rights by 1 July 1999, on the
measures taken in compliance with this Order, as well as its observations on the
measures requested by the Inter-American Commission on Human Rights, so that this
information can be studied by the Court.
3.
To submit the request of the Inter-American Commission on Human Rights, this
Order, and the urgent communication that will be presented by the Republic of Trinidad
and Tobago for the consideration of the Inter-American Court of Human Rights during its
XLV Regular Session.
7.
The failure of the State to comply with operative paragraph (2) of the
President’s Order of 19 June 1999 (supra 6.)