5
On August 28, 1998, the Court held at its seat the public hearing it had
summoned. After hearing the observations of the Commission, the Court, issued
an Order on August 29, 1998, by which it ratified the Orders of its President of
June 29, July 13, and July 22, 1998, and requested that Trinidad and Tobago
take all of the 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.
Said Order was communicated to the State.
On September 1, 1998, the State informed that in the future it will not consult
with the Court or the Commission any further in these matters.
As of the date of drafting the present Report, the State has not presented any of
the periodic reports that were ordered by the Court in its August 29, 1998,
Order, despite constant requests by the Tribunal regarding this matter.5
The Court has verified the refusal of the State to recognize the obligatory nature
of the Court’s decisions in this matter, and in particular, its lack of appearance
before the Court despite being duly summoned, and the lack of compliance with
the Orders regarding the periodic reports.
Therefore, in accordance with Article 65 of the American Convention, the Court
informs the General Assembly of the Organization of American States that the
Republic of Trinidad and Tobago, State Party to the American Convention on
Human Rights, has not complied with its decision regarding the provisional
measures ordered in the James et al. Case, and as a result requests that the
General Assembly urge that the Republic of Trinidad and Tobago comply with
the Orders of the Court.
The Court also wishes to state in this Report its concern regarding Trinidad and
Tobago’s denunciation of the American Convention, which was notified to the
General Secretariat on May 26, 1998. This decision, which has no precedents in
the history of the Inter-American System for the protection of human rights,
has no effect on the compliance of the provisional measures in accordance with
Article 78(2) of the American Convention, which states that:
… Such a denunciation shall not have the effect of releasing the State
Party concerned from the obligations contained in this Convention with
respect to any act that may constitute a violation of those obligations
and that has been taken by that state prior to the effective date of
denunciation.
Further, the Court wishes to state in this Report that, even when an
international treaty gives the right of denunciation, in dealing with human rights
treaties, due to their special nature, a denunciation affects the respective
international or regional system for the protection of human rights as whole. In
this particular instance, the aforesaid justifies an action on the part of the
General Assembly of the Organization to motivate Trinidad and Tobago’s
reconsideration of its decision.6
5
After the drafting of the 1998 Report, of February 5, 1999, the State of Trinidad and Tobago sent a
communication to the Court requesting confirmation of the measures adopted in favor of Mr. Anthony
Briggs, which had been suspended as a result of the Inter-American Commission’s Report No. 64/98 of
November 3, 1998. In that respect, the State alleged that said report had been submitted to the Advisory
Pardon Committee, which would “review the Commission’s recommendation regarding the compensation
and consideration for release or remittance of sentence in the case of Mr. Anthony Briggs during its next
session.”
6
I/A Court H.R., 1998 Annual Report of the Inter-American Court of Human Rights, OEA/Ser.L/V/III.43
Doc. 11, pages. 35, 36 and 37.
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