3
5.
That the execution of the death penalty in the case of the Denny Baptiste would
necessarily affect the Court’s consideration of the Commission’s request for provisional
measures, by rendering moot the object of any eventual decision in his favor.
6.
That the Case referred to in the Commission’s request has not been submitted to the
Court, and, therefore, the adoption of urgent measures does not imply a decision on the
merits of the existing controversy between the petitioners and the State. By adopting
urgent measures, this Presidency is ensuring that the Court may carry out effectively its
conventional mandate.
7.
That, given the aforementioned reasons, it is pertinent to call upon Trinidad and
Tobago to adopt such urgent measures as may be necessary to preserve the life and
physical integrity of Denny Baptiste, so that the Court may consider the request of the
Commission after the hearing on provisional measures in the related Cases, to be held on
August 28, 1998, during the Court’s XLI Regular Session.
8.
That it is appropriate to require the State to inform the Court on the urgent measures
it has taken in compliance with this Order, as well as its observations on the Commission’s
request and to submit such information for the consideration of the Court during its XLI
Regular Session.
NOW THEREFORE:
THE PRESIDET OF THE INTER-AMERICAN COURT
OF HUMAN RIGHTS,
in consultation with the Court and pursuant to Article 63(2) of the American Convention on
Human Rights and Article 25(4) of the Rules of Procedure,
DECIDES:
1.
To require the Republic of Trinidad and Tobago to take all measures necessary to
preserve the life and physical integrity of Denny Baptiste, 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, Briggs, Noel, Garcia and Bethel Cases.
2.
To require the Republic of Trinidad and Tobago to submit an urgent communication to
the Inter-American Court of Human Rights no later than July 24, 1998, 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 require the Inter-American Commission on Human Rights to present its
observations on the urgent communication submitted by the State within two days of the
receipt of said document.
4.
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