6
2.
To require the Republic of Trinidad and Tobago to
submit an urgent communication to the Inter-American Court
of Human Rights no later than July 24, 1998, on the measures
taken in compliance with this Order, as well as its observations
on the measures requested by the Inter-American Commission
on Human Rights, so that this information can be studied by
the Court.
3.
To require the Inter-American Commission on Human
Rights to present its observations on the urgent
communication submitted by the State within two days of the
receipt of said document.
4.
To submit the request of the Inter-American
Commission on Human Rights, this Order, and the urgent
communication that will be presented by the Republic of
Trinidad and Tobago for the consideration of the InterAmerican Court of Human Rights during the related hearing to
be held on August 28, 1998, at its XLI Regular Session.
c.
The report of the State of July 28, 1998, in response to the Order of
the President of July 22, 1998.
d.
The observations of the Commission on the report by the State of July
28, 1998, which were submitted on July 30, 1998, in accordance with the
Order of the President of July 22, 1998.
5.
The Court summarizes the content of the State’s reports of June 5, June 30,
June 29, July 8, July 15 and July 28, 1998, in regard to the above matters as
follows:
a.
read;
The State cannot stay an execution until the Warrant of Execution has been issued and
b.
the Commission is empowered by Article 41 to make recommendations only; and,
therefore, it cannot overturn judgments from the State’s domestic courts;
c.
the delay in the proceedings before the Commission, and the failure of the Commission
to follow the approximately eight month timeframe established by the State for appeals to
international bodies, constitutes cruel and unusual punishment as defined by the State’s domestic
laws as established by the case of Pratt and Morgan, and would de facto abolish the death
penalty, thereby usurping the legislative functions of the State of Trinidad and Tobago;
d.
the State followed due process in all of the present cases, including an appeal to the
highest court of appeal, and the Commission would still have other options available to
compensate any violations it finds subsequent to an execution;
e.
international organs have a duty to create the necessary machinery to allow a State to
comply with its own domestic laws and its constitutional obligations in the field of human rights;
f.
the State made reference to its reservation to the American Convention in regard to the
jurisdiction of the Court, which reads as follows:
As regards Article 62 of the Convention, the Government of the Republic of
Trinidad and Tobago recognizes the compulsory jurisdiction of the InterAmerican Court of Human Rights as stated in said article only to such extent
that recognition is consistent with the relevant sections of the Constitution of
the Republic of Trinidad and Tobago; and provided that any judgment of the