5
IV
PROVISIONAL MEASURES 2
13)
On July 10, 1998, prior to the submission of the application, the Commission
requested that the Court expand the provisional measures that had been ordered by
the President in the matter of James et al. on May 27, 1998, and ratified by the Court
on June 14 of the same year, in order to include Mr. Hilaire in such provisional
measures. The Commission considered that the circumstances of Mr. Hilaire were
similar to those of the other inmates to whom the existing Order for provisional
measures in Trinidad and Tobago applied, and that because Mr. Hilaire’s execution
was imminent, he was particularly vulnerable to irreparable harm.
14)
On July 13, 1998, the President of the Court (hereinafter “the President”)
ordered the State, inter alia, to take all measures necessary to preserve Mr. Hilaire’s
life so that the Court could examine the pertinence of the Commission’s request for
extension of the provisional measures. On August 29, 1998, the plenary of the Court
ratified the President’s Order of July 13, 1998 in relation to Mr. Hilaire, among
others 3.
15)
As of this date, the State has presented the relevant reports with respect to
the situation of Mr. Hilaire and the Commission has delivered its observations on the
State’s reports.
V
PROCEEDING BEFORE THE COURT
16)
On May 25, 1999, the Inter-American Commission filed its application in the
following terms:
The Inter-American Commission on Human Rights respectfully petitions the Honorable
Inter-American Court of Human Rights to declare violations of the Convention by the
State, establish reparations for those violations, and determine costs and expenses to
be paid to the representatives of the victims.
A.
Declarations of violations
The Inter-American Commission on Human Rights respectfully petitions the
Honorable Inter-American Court of Human Rights to:
Find that the Republic of Trinidad and Tobago is responsible for violating Mr. Hilaire’s
right:
(I)
not to be arbitrarily deprived of his life in violation of Article 4(1) of the
American Convention.
2
On May 22, 1998, the Inter-American Court of Human Rights received from the Inter-American
Commission on Human Rights a request for provisional measures in the James et al. matter, related to
five cases before the Commission which involved five death row inmates in Trinidad and Tobago. On June
14, 1998, during its XL Regular Period of Sessions, the Court ordered the adoption of the requested
measures.
3
In the said Order the Court amplified the Provisional Measures in the matter of James et al in
favor of Darrin Roger Thomas, Haniff Hilaire and Denny Baptiste. Messrs. Thomas and Baptiste are not
included in the instant application.