8
17.
That the Court will consider whether or not to lift the provisional measures ordered in
favor of Andrew Dottin, Kevin Dial, Arnold Ramlogan, Balkissoon Roodal, Beemal
Ramnarace, Sheldon Roach, and Takoor Ramcharan once it has received information on the
existence and continuation of the situation of extreme gravity and urgency and potential
risk of irreparable damage to these seven beneficiaries. Therefore, the Court considers it
appropriate to request said information and to maintain the provisional measures ordered in
their favor for an additional period of at least six months.
Now, Therefore:
The Inter-American Court of Human Rights,
pursuant to Article 63(2) of the American Convention on Human Rights and Articles 26 and
30 of its Rules of Procedure,
Decides:
1.
To lift the provisional measures ordered by the Inter-American Court of Human
Rights in its Orders of June 14, 1998, August 29, 1998, May 25, 1999, May 27, 1999,
September 25, 1999, August 16, 2000, November 24, 2000, November 26, 2001,
September 3, 2002, December 2, 2003, and February 28, 2005, with respect to Wenceslaus
James, Anthony Garcia, Darrin Roger Thomas, Haniff Hilaire, Denny Baptiste, Wilberforce
Bernard, Naresh Boodram, Clarence Charles, Phillip Chotolal, 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, Amir Mowlah, Allan Phillip,
Krishendath Seepersad, Narine Sooklal, Mervyn Parris, and Francis Mansingh, and to
substitute the examination of the State’s obligations as to these thirty-one victims with the
applicable assessment within the framework of the supervision of compliance with the
Hilaire, Constantine and Benjamin et al. Judgment.
2.
To request the State to maintain the necessary measures to protect the life and
physical integrity of Andrew Dottin, Kevin Dial, Arnold Ramlogan, Balkissoon Roodal, Beemal
Ramnarace, Sheldon Roach, and Takoor Ramcharan for an additional period of at least six
months following notice of this Order, after which the Court will evaluate whether or not to
lift them.
3.
To request the State, the Inter-American Commission on Human Rights, and the
representatives of the beneficiaries to submit by July 3, 2009, updated information
regarding the existence and continuation of the situation of extreme gravity and urgency
and potential risk of irreparable damage that would warrant maintaining these provisional
measures in force.
4.
To order the change of name of this matter, which will be known as the “Matter of
Dottin et al.”
5.
To require the Secretariat of the Court to serve notice of this Order upon the State of
Trinidad and Tobago, the Inter-American Commission on Human Rights, and the
representatives of the beneficiaries.