6
1(1), 2, 51 and 63(2)), States Parties must refrain from taking actions that
may frustrate the restitutio in integrum of the rights of the alleged victims.
h.
That Article 29 of the American Convention provides that:
[n]o provision of this Convention shall be interpreted as:
a.
permitting any State Party, group, or person to suppress the
enjoyment or exercise of the rights and freedoms recognised in this Convention
or to restrict them to a greater extent than is provided for herein.
i.
That, should the State execute the alleged victims, it would create an
irremediable situation incompatible with the object and purpose of the
Convention, would amount to a disavowal of the authority of the Commission,
and would adversely affect the very essence of the Inter-American system.
NOW THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
pursuant to the authority conferred by Article 63(2) of the American Convention on
Human Rights and Article 25 of the Rules of Procedure,
DECIDES:
With respect to the Provisional Measures adopted by the Court on 29 August
1.
1998:
a.
To maintain the Provisional Measures ordered by the Inter-American
Court of Human Rights on 29 August 1998, in favour of Wenceslaus James,
Anthony Briggs, Anderson Noel, Anthony Garcia, Christopher Bethel, Darrin
Roger Thomas, Haniff Hilaire and Denny Baptiste. With respect to Anthony
Briggs, to maintain the Provisional Measures ordered in his favour until such
time as the Court, having previously considered the reports concerning the
present status of his Case, issues a decision on this matter.
b.
To urge the State of Trinidad and Tobago to comply with the Order of
the Court of 29 August 1998, and henceforth report every fifteen days on the
status of the appeals and scheduled executions of Wenceslaus James,
Anthony Briggs, Anderson Noel, Anthony Garcia, Christopher Bethel, Darrin
Roger Thomas, Haniff Hilaire and Denny Baptiste, and to require the InterAmerican Commission on Human Rights to send its observations on these
reports to the Inter-American Court of Human Rights within two days of their
receipt.
c.
To urge the State of Trinidad and Tobago and the Inter-American
Commission on Human Rights to inform the Inter-American Court of Human
Rights immediately of any significant developments concerning the
circumstances of Wenceslaus James, Anthony Briggs, Anderson Noel,
Anthony Garcia, Christopher Bethel, Darrin Roger Thomas, Haniff Hilaire and
Denny Baptiste.