15
34)
The Applications in the Hilaire, Constantine et al. and Benjamin et al. Cases
were submitted by the Commission on May 25, 1999, February 22, 2000, and
October 5, 2000, respectively (supra para. 1).
35)
In the three Applications, the Commission appointed as delegates, Messrs.
Robert K. Goldman and Nicholas Blake, and solely for the Hilaire Case, also included
Mr. Jean Joseph Exumé. Likewise, the Commission accredited Messrs. David J.
Padilla and Brian D. Tittemore as legal advisors for all three cases. In the Hilaire
Case, the Commission designated Messrs. Peter Carter, Owen Davies, and Andrea
Dahlberg as legal assistants; in the Constantine et al. and Benjamin et al. Cases, it
designated as assistants Messrs. Julian Knowles, Keir Starmer, Saul Lehrfreund,
Belinda Moffat, Yasmin Waljee and James Oury, and in the Benjamin et al. Case, it
also designated Mr. Ivan Krolick (infra para. 41).
36)
Following a preliminary examination of the Applications in the Hilaire,
Constantine et al., and Benjamin et al. Cases, the Secretariat of the Court
(hereinafter "the Secretariat"), sent notifications to the State on June 11, 1999, April
14, 2000, and October 19, 2000, respectively. These notifications set out the
deadlines for the State’s responses, submission of preliminary objections and
appointment of representation. The State was also invited to designate an ad hoc
judge in each case pursuant to Article 18 of the current Rules of Procedure, and
Article 10(3) of the Statute of the Court (hereinafter "the Statute").
37)
On August 16, 1999, June 14, 2000, and December 9, 2000, respectively,
Trinidad and Tobago submitted a preliminary objection to the compulsory jurisdiction
of the Court in the Hilaire, 24 Constantine et al., and Benjamin et al. Cases.
38)
It should be noted that throughout the proceedings before the Court, the
State did not respond to the Applications, appoint representatives or designate an ad
hoc judge.
39)
The Commission delivered its observations on the preliminary objections
submitted by the State on November 19, 1999 for the Hilaire Case, on July 15, 2000
for the Constantine et al. Case, and on January 11, 2001 for the Benjamin et al.
Case.
40)
On September 1, 2001, during its LII Regular Period of Sessions, the Court
deliberated and rendered judgment on the preliminary objections submitted in each
of the three cases. 25
41)
By way of communications dated May 31, 2000, and November 2, 2001, the
representatives of the alleged victims reported their designation of Mrs. Yasmin
Waljee as the sole representative in the present Case.
24
The preliminary objection in the Hilaire Case was submitted on August 16, 1999; however, with
its submission, the State requested a two-month extension to file its legal arguments. It also requested
the Court to convene a special hearing on the preliminary objection in accordance with Article 36(6) of the
Rules of Procedure and to postpone the proceedings on the merits until the Court issued a decision in
relation to the preliminary objection. Said request was rejected by the Court via an Order dated October
1, 1999.
25
Cf. I/A Court H.R., Hilaire Case. Preliminary Objections, supra note 10; I/A Court H.R., Benjamin
et al. Case. Preliminary Objections, supra note 10; and I/A Court H.R., Constantine et al. Case.
Preliminary Objections, supra note 10.