2
e)
the Commission has stated that it has at its disposal information to
support the presumption that the executions of the five alleged victims are
planned for June, 1998.
2.
The Order of the President of the Court (hereinafter "the President") of May
27, 1998, in which he adopted urgent measures and decided:
1.
To require the Republic of Trinidad and Tobago to take all measures necessary
to preserve the lives of Wenceslaus James, Anthony Briggs, Anderson Noel, Anthony
Garcia and Christopher Bethel, so that the Court may examine the pertinence of the
provisional measures requested by the Inter-American Commission on Human Rights.
2.
To require the Republic of Trinidad and Tobago to inform the Inter-American
Court of Human Rights by June 5, 1998, on the measures taken in compliance with this
Order, as well as its observations on the measures requested by the Inter-American
Commission on Human Rights so that this information can be studied by the Court.
3.
To submit the request of the Inter-American Commission on Human Rights, this
Order, and the report that will be presented by the Republic of Trinidad and Tobago for
the consideration of the Inter-American Court of Human Rights during its XL Regular
Session, to be held from 8 to 19, June 1998.
3.
The observations of Trinidad and Tobago on the provisional measures
requested by the Commission, presented on June 5, 1998, in which the State gave
the reasons why, in its opinion, the execution of the alleged victims could not be
stayed.
CONSIDERING:
1.
That Trinidad and Tobago has been a State Party to the American Convention
since May 28, 1991, and that it accepted the jurisdiction of the Court on the same
day. This jurisdiction, based on Article 62(3) of the Convention, provides that the
Court is empowered to hear "all cases concerning the interpretation and application
of the provisions" of the Convention and, specifically, extends to the present matter,
which refers to the application of Article 63(2) of the American Convention, according
to which:
[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.
2.
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.
3.
That the aforementioned Order of the President was issued in conformity with
the provisions of the Convention and the Rules of Procedure and the information
presented in the matter.
4.
That, even though the Commission has not completed its consideration of
Cases 11.814, 11.815, 11.854, 11.855 and 11.857, it has advised the Court that