7
2.
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
that may constitute a violation of said Convention and that occurred before the entry
into force of said denunciation, as stated both in the Judgments on Preliminary
Objections1 and in the June 21, 2002 Judgment in the Hilaire, Constantine, and
Benjamin et al. v. Trinidad and Tobago Case.2 The facts pertaining to the instant
provisional measures occurred before the denunciation by the State.
3.
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.
Article 25(1) of the Rules of Procedure of the Court provide that, “[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.
Article 1(1) of the Convention stipulates the duty of the States Party to
respect the rights and liberties recognized in that treaty and to ensure their free and
full exercise by all persons under their jurisdiction.
6.
Article 68(1) of the American Convention states that “[t]he States Parties to
the Convention undertake to comply with the judgment of the Court in any case to
which they are parties.” The States must also comply in good faith with their treaty
obligations (pacta sunt servanda) as set forth in Article 26 of the 1960 Vienna
Convention on the Law of Treaties, which codifies a basic principle of general
international law and, as this Court has already stated, and, pursuant to Article 27 of
said Vienna Convention, the States cannot refuse to fulfill the previously established
international responsibility for domestic reasons.
7.
The cases of Haniff Hilaire, George Constantine, Wenceslaus James, Denny
Baptiste, Clarence Charles, Keiron Thomas, Anthony García, Wilson Prince, Darrin
Roger Thomas, Mervyn Edmund, Samuel Winchester, Martin Reid, Rodney Davis,
Gangadeen Tahaloo, Noel Seepersad, Wayne Matthews, Alfred Frederick, Natasha De
Leon, Vijay Mungroo, Phillip Chotolal, Naresh Boodram, Nigel Mark, Wilberforce
Bernard, Steve Mungroo, Peter Benjamin, Krishandath Seepersad, Francis Mansingh,
Allan Phillip, Narine Sooklal, Amir Mowlah and Mervyn Parris are currently pending
before the Inter-American Court at the stage of compliance with judgment; and the
cases of Kevin Dial, Andrew Dottin, Anthony Johnson, Balkissoon Roodal, Sheldon
Roach, Arnold Ramlogan, Beemal Ramnarace and Takoor Ramcharan are currently
pending before the Inter-American Commission.
1
Cf., Hilaire Case. Preliminary Objections. September 1, 2001 Judgment. Series C No. 80, para.
28; Benjamin et al. Case. Preliminary Objections. September 1, 2001 Judgment. Series C No. 81, para.
22; and Constantine et al. Case. Preliminary Objections. September 1, 2001 Judgment. Series C No. 82,
para. 28.
2
Cf., Hilaire, Constantine and Benjamin et al. Case. June 21, 2002 Judgment. Series C No. 94,
paras. 12-20.