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competent jurisdiction, from being carried into effect and declared that it was at
liberty to carry out the death sentences according to its domestic laws; and
d) according to the Commission´s request, the executions of the five alleged victims
are planned for June 1998.
4.
The working agenda of the Court, according to which the XL Regular Session will be
held from June 8 to 19, 1998, at its seat in San Jose, Costa Rica.
CONSIDERING:
1.
That Trinidad and Tobago has been a State Party to the American Convention since
May 28, 1991, and that it accepted the jurisdiction of the Court on the same day.
2.
That Article 63(2) of the Convention provides that:
[i]n cases of extreme gravity and urgency, and when necessary to avoid irreparable damage to
persons, the Court shall adopt such provisional measures as it deems pertinent in matters it has
under consideration. With respect to a case not yet submitted to the Court, it may act at the
request of the Commission.
3.
That the State´s failure to respond to the Commission´s request to adopt
precautionary measures in the five cases is an exceptional circumstance which has led the
Commission to submit the present request to the Court.
4.
That, according to the allegations of the Commission, it has not had the opportunity
to examine the complaints. Consequently, the situation as described by the Commission in
its request constitutes a prima facie case of extreme gravity and urgency which could result
in irreparable damage to persons.
5.
That Article 25(4) of the Rules of Procedure provides that:
[i]f the Court is not sitting, the President, in consultation with the Permanent Commission and, if
possible, with the other judges, shall call upon the government concerned to adopt such urgent
measures as may be necessary to ensure the effectiveness of any provisional measures
subsequently ordered by the Court at its next session.
6.
That the execution of the death penalty in the cases of the five petitioners would
necessarily affect the Court´s consideration of the Commission´s request, by rendering
moot the object of any eventual decision in their favor. It is imperative to note that this
does not imply a declaration on the merits of the request, but simply acknowledges the
possibility of such a decision, which leads to the conclusion that the stay of the executions of
the petitioners is necessary to guarantee the integrity of the Inter-American system for the
protection of human rights.
7.
That the cases included in the Commission’s request have not been submitted to the
Court, and, therefore, any consideration given will not imply a decision on (1) the merits of
the existing controversy between the Commission and the State and (2) the interpretation of
the Convention and its relationship with the Constitution of Trinidad and Tobago. Thus, by
adopting urgent measures, this Presidency is only ensuring that the Court may carry out
effectively its conventional mandate.