ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF 25 MAY 1999
PROVISIONAL MEASURES ORDERED BY THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
IN THE MATTER OF THE REPUBLIC OF
TRINIDAD AND TOBAGO
JAMES ET AL. CASES
HAVING SEEN:
1.
With respect to the Provisional Measures adopted by the Inter-American
Court of Human Rights (hereinafter “the Court”) on 29 August 1998 in favour
of eight persons sentenced to death in the Republic of Trinidad and Tobago
(hereinafter “the State” or “Trinidad and Tobago,”) on whose behalf petitions
were submitted to the Inter-American Commission on Human Rights
(hereinafter “the Commission:”)
a.
The Order of the Court of 29 August 1998, in which it decided:
1.
To ratify the Orders of the President of the Inter-American Court of
Human Rights of June 29, July 13 and July 22, 1998.
2.
To order Trinidad and Tobago to take all measures necessary to
preserve the life and physical integrity of Wenceslaus James, Anthony Briggs,
Anderson Noel, Anthony Garcia, Christopher Bethel, Darrin Roger Thomas,
Haniff Hilaire, and Denny Baptiste so as not to hinder the processing of their
cases before the Inter-American system.
3.
To require the State of Trinidad and Tobago to report every fifteen
days, beginning on September 1, 1998, 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, and to require the Inter-American Commission on Human
Rights to send its observations on these reports to the Inter-American Court of
Human Rights within two days of their receipt.
4.
To require the State of Trinidad and Tobago and the Inter-American
Commission on Human Rights to inform the Inter-American Court of Human
Rights immediately of any significant developments concerning the
circumstances of Wenceslaus James, Anthony Briggs, Anderson Noel, Anthony
Garcia, Christopher Bethel, Darrin Roger Thomas, Haniff Hilaire, and Denny
Baptiste.
b.
The note of Trinidad and Tobago of 1 September 1998, in which the State asserted that
“the Court does not have jurisdiction [...] to take any steps or decide upon any measures that will
frustrate the implementation of a lawfully imposed sentence of death in Trinidad and Tobago” and
further declared that it would not “be consulting with the Commission or the Court any further in
these matters.”
c.
The Annual Report of the Court to the General Assembly of the Organisation of American
States for the year 1998, in which, pursuant to its obligations under Article 65 of the American
Convention on Human Rights (hereinafter “the American Convention” or “the Convention,”) it
indicated that Trinidad and Tobago had not complied with its Orders in the instant matter, and
requested that the General Assembly urge the State to comply with the said Orders.