2
Edmund, Alfred Frederick, Nigel Mark, Wayne Matthews, Steve Mungroo, Vijay Mungroo, Wilson
Prince, Martin Reid, Noel Seepersad, Gangadeen Tahaloo, Keiron Thomas, Samuel Winchester,
Peter Benjamin, Kevin Dial, Andrew Dottin, Anthony Johnson, Amir Mowlah, Allan Phillip,
Krishendath Seepersad, Narine Sooklal, Mervyn Parris, Francis Mansingh, Balkissoon Roodal,
Sheldon Roach, Arnold Ramlogan, Beemal Ramnarace, and Takoor Ramcharan.
4.
The communication of the Inter-American Commission of July 14, 2004, in which the
Commission stated that “the Court of Appeal subsequently ordered that Mr. Johnson be retried for murder, the re-trial took place, and Mr. Johnson was convicted of manslaughter
and sentenced to seven years’ imprisonment with hard labor.” Further, the Commission
advised that “Mr. Johnson then appealed his conviction and sentence to the Court of Appeal
[…], which dismissed his appeal in a judgment delivered on July 26, 2002.” As a result, the
Commission observed that “Mr. Johnson is no longer subject to a death sentence” and that
“the threat of irreparable damage [with regard to] Mr. Johnson no longer exists or persists”.
In light of the above, the Commission concluded that “it would be appropriate to rescind
[the Court’s] provisional measures in respect of Mr. Anthony Johnson.”
5.
The communications of the Secretariat of the Court of November 16, 2004,
December 10, 2004 and January 20, 2005, in which the Secretariat, following the
instructions of the President of the Court, requested the representatives of the beneficiaries
of the present provisional measures to submit, as soon as possible, their observations on
the Commission’s proposal to rescind said measures with respect to Mr. Johnson.
6.
As of the date of this Order the representatives of the beneficiaries have failed to
submit observations on the Commission’s aforementioned proposal.
CONSIDERING:
1.
That Trinidad and Tobago was a State Party to the American Convention on Human
Rights (hereinafter “the American Convention” or “the Convention”) from May 28, 1991 until
May 26, 1999. Furthermore, the State recognized the contentious jurisdiction of the InterAmerican Court on May 28, 1991.
2.
That on May 26, 1998 the State notified the Organization of American States of its
denunciation of the Convention, which, pursuant to Article 78(1) of said treaty, became
effective on May 26, 1999.
3.
That pursuant to Article 78(2) of the Convention, the denunciation does not have the
effect of releasing the State from its obligations with respect to any act that may constitute
a violation of those obligations and that has occurred prior to the effective date of
denunciation.
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