5
e.
That neither the State nor the Commission has informed the Court
immediately and sufficiently, in the terms required by its Order of 29 August
1999, of “any significant developments concerning the circumstances of
Wenceslaus James, Anthony Briggs, Anderson Noel, Anthony Garcia,
Christopher Bethel, Darrin Roger Thomas.” (supra, 1.a, para.4)
2.
With respect to the Commission’s request for amplification of the Provisional
Measures in favour of twenty persons:
a.
That Article 63(2) of the Convention provides:
[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.
b.
That pursuant to Article 25 (1) of the Rules of Procedure:
[a]t any stage of the proceedings involving cases of extreme gravity and
urgency and when necessary to avoid irreparable damage to persons, the Court
may, at the request of a party or on its own motion, order whatever provisional
measures it deems appropriate, pursuant to Article 63(2) of the Convention.
c.
That the aforementioned Order of the President of 11 May 1999 was
issued in conformity with the provisions of the Convention and the Rules of
Procedure and the information presented in the matter.
d.
That, even though the Commission has not completed its consideration
of the Cases referred in the Commission’s request, it has informed the Court
that “in each of these cases, the petition states facts that tend to establish a
violation of the rights guaranteed under the Convention.”
e.
That the Cases included in the Request for amplification have not been
submitted to the Court and the consideration of the issues at hand is,
therefore, based upon the State’s procedural obligations as a Party to the
American Convention, rather than on the merits of each Case. Therefore, the
Court will study the request of the Commission in the light of the elements to
be taken into account in conformity with Article 63(2) of the Convention, that
is, the existence of a situation of extreme gravity and urgency and the
necessity to avoid irreparable damage to persons.
f.
That the information presented by the Commission provides grounds
for the Court to conclude that a situation of “extreme gravity and urgency”
exists, making it imperative to order the State to adopt, without delay, the
Provisional Measures necessary to preserve the life and physical integrity of
the alleged victims.
g.
That the States Parties to the Convention should comply in good faith
(pacta sunt servanda) with all of the provisions of the Convention, including
those relative to the operation of the two supervisory organs of the InterAmerican system; and, that in view of the Convention’s fundamental
objective of guaranteeing the effective protection of human rights (Articles