14
51)
The State indicated that, in its legal system, it is the Legislative Power that
makes the laws. The Executive cannot, at the moment of ratification of a treaty,
alter the laws of the Republic and create a constitutional breach. For this reason, the
Executive, at the time of accession to the Convention and acceptance of the
compulsory jurisdiction of the Court, formulated the “reservation” under Article 62.
In this same manner, the State denounced the Convention in May of 1998, in virtue
of the need to observe the provisions of the Constitution of the Republic of Trinidad
and Tobago.
52)
If the “reservation” of the State were, for any reason, considered invalid, it
would not mean that the State declared its unlimited acceptance of the compulsory
jurisdiction of the Court. On the contrary, it is clear that the State never intended to
accept, in its totality, the jurisdiction of the Court. If the “reservation” is invalid,
then the declaration was invalid, and the State never made a declaration.
Written arguments of the Commission
53)
The Commission sustained that the impugned term in the State’s declaration
of acceptance of the Court’s jurisdiction should be considered invalid because it is
impossible to determine its exact nature or scope. It is excessively vague and should
not be interpreted in a manner that affects the Court’s jurisdiction to decide cases
against the State. If a meaning is to be attributed, it should be interpreted in a
manner that limits the legal effects of the Court’s judgments, and not the Court’s
jurisdiction to decide cases against the State.
54)
The Commission indicated that the United Nations Human Rights Committee
has stated that reservations to human rights treaties must be specific and
transparent so that courts, individuals under the jurisdiction of a reserving State, and
other States parties can know which human rights obligations have or have not been
undertaken. The term contained in the State’s “reservation” appears to modify the
degree of acceptance of the compulsory jurisdiction of the Court. However, a simple
reading of the term makes it difficult to determine the restrictions that the State has
purported to establish under Article 62 to its obligations assumed under the
Convention.
55)
The term can also be interpreted in various ways. For example, it could be
interpreted to mean that the Court is precluded from hearing and deciding a case
related to allegations of violations of a Convention right if the same right is not
protected under the State’s Constitution. Alternatively, it could be interpreted to
mean that “while the Court has jurisdiction to hear and determine a matter, the
Court’s judgment must be consistent with certain unstipulated sections of Trinidad
and Tobago’s Constitution”.
56)
The Commission noted that the State only relies upon the first part of the
declaration in concluding that the Court has no jurisdiction. It pointed out that the
State makes no reference to the portion of the declaration, which reads “and
provided that any judgment of the Court does not infringe, create, or abolish any
existing rights or duties of any private citizen”, and considered that it is apparent
that the State specifically acknowledges in this second part of the declaration that
the Court has competence to give judgments in cases against Trinidad and Tobago.
“It may therefore be that, taking the first and second parts of the declaration
together, the State was concerned that the giving effect in Trinidad and Tobago to