4
CONSIDERING:
1.
That Trinidad and Tobago has been a State Party to the American Convention
since 28 May 1991, and that it accepted 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, 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 prior to the effective date of denunciation which may constitute a
violation of the said Convention.
4.
That Article 63(2) provides:
[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 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 whatever provisional measures it deems
appropriate, pursuant to Article 63(2) of the Convention.
6.
That the aforementioned Order of the President of 19 June 1999 was issued
in conformity with the provisions of the Convention and the Rules of Procedure and
the information presented in the matter.
7.
That, even though the Commission has not completed its consideration of
Cases No. 12.156 and 12.157, it has advised the Court that in each of these cases
“th[e] petitions [s]tate facts that, if proven, tend to establish violations of the rights
guaranteed under the Convention.”
8.
That the Cases included in the Request for amplification 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 will study the request
of the Commission in the light of the elements to be taken into account in conformity
with Article 63(2) of the Convention, that is, the existence of a situation of extreme
gravity and urgency and the necessity to avoid irreparable damage to persons.
9.
That the information presented by the Commission provides grounds for the
Court to conclude that a situation of “extreme gravity and urgency” exists, making it
imperative to order the State to adopt, without delay, the Provisional Measures
necessary to preserve the life and physical integrity of the alleged victims.