5
15.
The application submitted by the Commission on 22 February 2000 against
Trinidad and Tobago, with respect to the Cases of George Constantine, Wenceslaus
James, Denny Baptiste, Clarence Charles, Keiron Thomas, Anthony Garcia, Wilson
Prince, Darrin Roger Thomas, Mervyn Edmund, Samuel Winchester, Martin Reid,
Rodney Davis, Gangaleen Tahaloo, Noel Seepersad, Wayne Matthews, Alfred
Frederick, Natasha De Leon, Vijay Mungroo, Phillip Chotolal, Naresh Boodram, Joey
Ramiah, Nigel Mark, Wilberforce Bernard and Steve Mungroo, beneficiaries of the
Provisional Measures ordered by the Inter-American Court.
16.
The communication of 13 July 2000 of the Inter-American Commission in
which it informed the Court that, on 13 June 2000, it had approved Confidential
Consolidated Report No. 53/00 in accordance with Article 50 of the American
Convention on Human Rights (hereinafter “the Convention” or “the American
Convention,”) with respect to Peter Benjamin, Krishandath Seepersad, Allan Phillip,
Narine Sooklal, Amir Mowlah, Mervyn Parris and Francis Mansingh, all protected by
the Provisional Measures ordered by the Court, and that said Report had been
transmitted to the State on 7 July 2000.
17.
The failure of the State to comply with the Orders of the Court of 14 June
1998, 29 August 1998, 25 May 1999, 27 May 1999 and 25 September 1999.
CONSIDERING:
1.
That Trinidad and Tobago has been a State Party to the American Convention
since 28 May 1991, and that it recognised the jurisdiction of the Court on the same
day.
2.
That the State gave notice of its denunciation of the Convention to the
Secretary General of the Organisation of American States on 26 May 1998, and that,
pursuant to Article 78(1) of the said Convention, the denunciation became effective
on 26 May 1999.
3.
That Article 63(2) of the Convention provides that
[i]n cases of extreme gravity and urgency, and when necessary to avoid irreparable
damage to persons, the Court shall adopt such provisional measures as it deems
pertinent in matters it has under consideration. With respect to a case not yet submitted
to the Court, it may act at the request of the Commission.
4.
That, pursuant to Article 25 (1) of the Rules of Procedure,
[a]t any stage of the proceedings involving cases of extreme gravity and urgency, and
when necessary to avoid irreparable damage to persons, the Court may, at the request
of a party or on its own motion, order such provisional measures as it deems pertinent,
pursuant to Article 63(2) of the Convention.
5.
That Article 1(1) of the American Convention specifies the obligations of the
States Parties to respect the rights and freedoms recognised in said treaty and to
ensure to all persons subject to their jurisdiction, the free and full exercise of those
rights and freedoms.
6.
That, in conformity with Article 78(2) of the American Convention, the
denunciation made by Trinidad and Tobago does not have the effect of releasing it