4
Samuel Winchester, 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 et al. Cases[;]
[...] to submit an urgent communication to the Inter-American Court of Human
Rights by May 20, 1999, on the measures taken in compliance with [the
President’s] Order, as well as its observations on the measures requested by
the Inter-American Commission on Human Rights, so that this information
[could] be studied by the Court[;]
and decided
[t]o submit the request of the Inter-American Commission on Human Rights,
[the President’s] Order, and the urgent communication that [had to] be
presented by the Republic of Trinidad and Tobago for the consideration of the
Inter-American Court of Human Rights during its XLIV Regular Session.
e.
The communication of Trinidad and Tobago of 19 May 1999, stating
that by its Reservation made on ratifying the Convention it recognised “the
compulsory jurisdiction of [the Court] only to such extent that recognition is
consistent with the relevant sections of [its] Constitution; and provided that
any judgement of the Court does not infringe, create or abolish any existing
rights or duties of any private citizen,” and claiming that the measures
requested by the Commission “concern matters falling within the Reservation
and accordingly, in the absence of any special agreement, [the State] does
not recognise the jurisdiction of [the Court] and considers the Order of [its]
President of May 11, 1999 ultra vires and void.”
CONSIDERING:
With respect to the Provisional Measures adopted by the Court on 29 August
1.
1998:
a.
That Trinidad and Tobago has been a State Party to the American
Convention since 28 May 1991, and that it accepted the jurisdiction of the
Court on the same day.
b.
That the State gave notice of its denunciation of the Convention to the
Secretary General of the Organisation of American States on 26 May 1998,
and that, pursuant to Article 78(1) of the said Convention, the denunciation
becomes effective on 26 May 1999.
c.
That, pursuant to Article 78(2) of the American Convention, the
denunciation does not have the effect of releasing the State from its
obligations with respect to acts occurring prior to the effective date of
denunciation which may constitute a violation of the said Convention.
d.
That the State has not complied with the obligation to submit periodic
reports every fifteen days on the status of the appeals and scheduled
executions of Wenceslaus James, Anthony Briggs, Anderson Noel, Anthony
Garcia, Christopher Bethel, Darrin Roger Thomas, Haniff Hilaire and Denny
Baptiste, as required by the Order of the Court of 29 August 1999. (supra
1.a, para.3)