2 that the Republic of Trinidad and Tobago take the measures necessary to stay the execution of Mr. Denny Baptiste until such time as the Commission has had the opportunity to examine and decide Case No. 11.840, in accordance with the norms and procedures specified in the American Convention and the applicable Regulations. 5. The facts stated in the Commission’s request, which are summarized as follows: a) the petition on behalf of Denny Baptiste was presented to the Commission on November 17, 1997, and a supplementary complaint was filed on December 12, 1997. These were transmitted to the State on November 24, 1997 and January 12, 1998, respectively; b) the Commission opened the Case on November 24, 1997, and requested the State to respond to the allegations in the petition within 90 days and to provide precautionary measures, by staying the execution of Mr. Baptiste until such time as the Commission has had the opportunity to examine this case and to issue its decision; c) the State responded to the Commission’s request for information on January 16, 1998. It informed the Commission, inter alia, that the “Instructions” “are deemed to apply to the communication of Denny Baptiste”; [Instructions Relating to Applications from persons under Sentence of Death issued by the Government of Trinidad and Tobago on October 13, 1997]; d) at no time did the State respond to the Commission’s request for precautionary measures; e) according to the Commission, the six month period, set forth under the Instructions, expired on July 16, 1998. No warrant of execution has yet been issued in Mr. Baptiste’s case. 6. The working agenda of the Court, according to which the XLI Regular Session will be held from August 24 to September 5, 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, according to the allegations of the Commission, it has not had the opportunity to complete its examination of the complaint and to issue its decision in Case 11.840. 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 the alleged victim in said Case. 4. 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.

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