5
a.
The communication of July 17, 1998, received in the Secretariat of the
Court on July 21, 1998, in which the Commission, pursuant to Article 63(2)
of the American Convention and Article 25 of the Rules of Procedure,
submitted a request for the amplification of the provisional measures adopted
by the Court in the James, Briggs, Noel, Garcia and Bethel Cases, to include
Denny Baptiste, whose Case (11.840) is currently pending before the
Commission against Trinidad and Tobago.
In this communication, the
Commission requested the Court to order
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.
and set out the facts, which are summarized as follows:
i)
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;
ii)
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;
iii)
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];
iv)
at no time did the State respond to the Commission’s request
for precautionary measures; and
v)
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.
b.
The Order of the President of July 22, 1998, in which he amplified the
provisional measures in favor of Denny Baptiste, and decided:
1.
To require the Republic of Trinidad and Tobago to take
all measures necessary to preserve the life and physical
integrity of Denny Baptiste, 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, Briggs, Noel, Garcia and Bethel Cases.