8
of a party or on its own motion, order whatever provisional measures it deems
appropriate, pursuant to Article 63(2) of the Convention.
4.
That the aforementioned Orders of the President of June 29, July 13, and July
22, 1998, were issued in conformity with the provisions of the Convention and the
Rules of Procedure and the information presented in the matter.
5.
That, even though the Commission has not completed its consideration of
Cases 11.814, 11.815, 11.854, 11.855, 11.857, 12.021, 11.816, and 11.840, it has
advised the Court that “[i]n each case the petitioner made a prima facie case
alleging that the State violated one or more articles of the American Convention to
the detriment of the defendant”.
6.
That the Cases included in the Request have not yet been submitted to the
Court and the consideration of the issues at hand is, therefore, based not upon the
merits of said Cases but upon the State’s procedural obligations as a Party to the
American Convention. Therefore, the Court cannot, in a provisional measure,
consider the merits of any arguments pertaining to issues other than those which
relate strictly to the extreme gravity and urgency and the necessity to avoid
irreparable damage to persons. Such other
issues are properly brought before the Court only through contentious cases or
requests for advisory opinions.
7.
That the States Parties to the Convention should fully comply in good faith
(pacta sunt servanda) to all of the provisions of the Convention, including those
relative to the operation of the two supervisory organs; and, that in view of the
Convention’s fundamental objective of guaranteeing the effective protection of
human rights (Articles 1(1), 2, 51 and 63(2)), States Parties must not take any
action that may frustrate the restitutio in integrum of the rights of the alleged
victims.
8.
That Article 29 of the American Convention provides that:
[n]o provision of this Convention shall be interpreted as:
a.
permitting any State Party, group, or person to suppress the enjoyment or
exercise of the rights and freedoms recognized in this Convention or to restrict them to
a greater extent than is provided for herein.
9.
That, should the State execute the alleged victims, it would create an
irremediable situation incompatible with the object and purpose of the Convention,
would amount to a disavowal of the authority of the Commission, and would
adversely affect the very essence of the Inter-American system.
10.
That the function of the supervisory organs of the American Convention is to
ensure that the provisions of the American Convention are observed and adequately
applied by States in their domestic laws, and not, as Trinidad and Tobago has
argued, to ensure that State Parties comply with their own domestic laws.
11.
That the continuance of the stays of execution in the present matters is
aimed at ensuring that the State Party faithfully observes its obligations under the
Convention.