3
(Case No. 12.043),
Commission.
whose
Cases
are
currently
pending
before
the
b.
The aforesaid communication, in which the Commission requested the
Court to order
the Republic of Trinidad and Tobago [to] take the measures necessary to stay
the execution of the above named 19 (rectius 20) prisoners until such time as
the Commission has had the opportunity to examine and decide their cases in
accordance with the norms and procedures specified in the American
Convention and its Regulations.
c.
The arguments presented by the Commission, to the effect that:
i.
there are 19 petitions currently pending before the Commission
involving 20 persons subject to “mandatory death sentences”
under Trinidad and Tobago law, whose Cases have not been
submitted for examination under any other procedure of
international investigation or settlement to any other
international organisation, and in respect of whom Provisional
Measures have not been requested or ordered;
ii.
in each Case, the petition states facts that tend to establish a
violation of the rights guaranteed under the Convention, and
some of them challenge the compatibility of the mandatory
nature of the death penalty in Trinidad and Tobago with the
State’s obligations under the Convention, as well as the
adequacy of due process afforded to the persons who have
been sentenced to death;
iii.
pursuant to Article 29(2) of its Regulations, the Commission
requested precautionary measures in each of these Cases, with
no response from the State;
iv.
the State’s denunciation of the Convention, pursuant to Article
78 of the said instrument, becomes effective on or about 26
May 1999;
v.
the Commission has not had the opportunity to complete its
examination of these complaints and to issue the relevant
decisions, and that, given these circumstances, it considers that
the execution of the 20 persons would render any eventual
decision of the Commission moot, in terms of the efficacy of
potential remedies, causing irreparable harm to the persons to
whom the sentences and complaints relate.
d.
The Order of the President of the Court (hereinafter “the President”) of
11 May 1999, in which he adopted urgent measures and required the State
to take all measures necessary to preserve the lives of Wilberforce Bernard,
Naresh Boodram, Joey Ramiah, Clarence Charles, Phillip Chotolal, George
Constantine, Rodney Davis, Natasha De Leon, Mervyn Edmund, Alfred
Frederick, Nigel Mark, Wayne Matthews, Steve Mungroo, Vijay Mungroo, Wilson
Prince, Martin Reid, Noel Seepersad, Gangaleen Tahaloo, Keiron Thomas and