4
CONSIDERING:
1.
That Trinidad and Tobago has been a State Party to the American Convention from
May 28, 1991 (day in which it accepted the jurisdiction of the Court) until May 26, 1999.
2.
That the State gave notice of its denunciation of the Convention to the Secretary
General of the Organization of American States on May 26, 1998, and that, pursuant to
Article 78(1) of the said Convention, the denunciation became effective on May 26, 1999.
3.
That, pursuant to Article 78(2) of the American Convention, the denunciation does
not have the effect of releasing the State from its obligations with respect to acts occurring,
in whole or in part, prior to the effective date of denunciation, which may constitute a
violation of the said Convention.
4.
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.
5.
That according to Article 25(1) of the Rules of Procedure of the Court:
[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.
6.
That Provisional Measures have an exceptional character, are adopted as a means of
protection and, when adopted, should remain in force while the basic conditions mentioned
above still subsist.
7.
That according to the arguments of the Inter-American Commission, the situation of
extreme gravity and urgency no longer persists (supra 6 and 9).
8.
That it is appropriate to terminate the Provisional Measures adopted in the cases of
Anderson Noel and Christopher Bethel, since they are no longer in circumstances of
imminent danger and irreparable harm.
9.
That however, the situation of extreme gravity and urgency persists for the other
persons protected by the adoption of Provisional Measures ordered by the Court, making it
necessary to order the State to maintain the Provisional Measures necessary to preserve the
life and personal integrity of Wenceslaus James, Anthony Garcia, Darrin Roger Thomas,
Haniff Hilaire, Denny Baptiste, Wilberforce Bernard, Naresh Boodram, Clarence Charles,
Phillip Chotalal, George Constantine, Rodney Davis, Natasha De Leon, Mervyn 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,