5
18.
The communication of September 12, 2005, in which the State requested an
additional amount of time to submit information to the Court regarding the present
provisional measures.
19.
The communication sent by the Secretariat of the Court on March 17, 2009, by which
the Inter-American Commission was requested to inform whether there are petitions
pending before that body, pursuant to Articles 44 and 46 through 48 of the American
Convention, on behalf of the following beneficiaries: Andrew Dottin, Kevin Dial, Arnold
Ramlogan, Balkissoon Roodal, Beemal Ramnarace, Sheldon Roach, and Takoor Ramcharan.
20.
The communication sent by the Inter-American Commission on March 19, 2009, in
which the Commission confirmed that there are cases pending before it on behalf of Andrew
Dottin and Kevin Dial (Case No. 12.145), Arnold Ramlogan (Case No 12.355), Balkissoon
Roodal (Case No 12.342), Beemal Ramnarace (Case No 12.377), Sheldon Roach (Case No
12.346), and Takoor Ramcharan (Case No 12.400).
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
Inter-American 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.
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 26(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, under international human rights law, provisional measures are not only
precautionary in nature, in the sense that they preserve a juridical situation, but are
fundamentally protective, because they protect human rights inasmuch as they seek to