ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF DECEMBER 2, 2003
PROVISIONAL MEASURES
JAMES ET AL. CASE*
IN THE MATTER OF TRINIDAD AND TOBAGO**
HAVING SEEN:
1.
The June 14, 1998 Order of the Inter-American Court of Human Rights
(hereinafter “the Court” or “the Inter-American Court”), in which it decided:
1.
To order Trinidad and Tobago to take all measures necessary to preserve the
life and physical integrity of Wenceslaus James, Anthony Briggs, Anderson Noel, Anthony
Garcia and Christopher Bethel, so as not to hinder the processing of their cases before
the Inter-American system.
2.
To order Trinidad and Tobago to submit a report by June 30, 1998, on the
measures taken in compliance with th[e] Order, and to require the Inter-American
Commission on Human Rights to submit its observations on this report within fifteen
days of its receipt.
3.
To summon Trinidad and Tobago and the Inter-American Commission on
Human Rights to a public hearing on this matter at the seat of the Court on August 28,
1998, at 10:00 a.m.
2.
The June 29 and 30 and July 8, 15 and 28, 1998 briefs by the State of
Trinidad and Tobago (hereinafter “the State” or “Trinidad and Tobago”) in which it
stated that for domestic reasons it could not comply with the Orders of the Court.
3.
The observations of the Inter-American Commission on Human Rights
(hereinafter “the Commission” or “the Inter-American Commission”) on the reports
by the State, submitted on July 2, 17 and 30, 1998, in which it pointed out that,
pursuant to domestic proceedings, the beneficiaries could be executed at any
moment.
4.
The August 12 and 27, 1998 briefs in which the State pointed out that it
“decline[d] the summons by the Court to attend the public hearing,” which it would
not attend.
5.
The August 19, 1998 letter of the President of the Court in which he
“reiterated [to the State] the importance of [...] appearing before the Court on
August 28, 1998 and thus complying with its obligation as a State Party to the
American Convention.”
6.
The August 29, 1998 Order of the Court, in which it decided:
*
Judge Salgado Pesantes informed the Court that, due to reasons of force majeure, he would be
unable to participate in the deliberation and signing of the instant Order.
**
Done in Spanish and English, the Spanish text being authentic.