7
Court does not infringe, create or abolish any existing rights or duties of any
private citizen.
The State claims that this reservation would render null and void any decision of the Court which
violates the pertinent sections of its Constitution.
6.
The Court summarizes the observations of the Commission of July 2, July 17,
and July 30, 1998, in the above matters as follows:
a.
As there are only five to seven days between the issuance and reading of a Warrant of
Execution and an execution, such a short timeframe would impede the Court’s ability to issue
effective provisional measures;
b.
the Commission’s competence under Article 41 is broader than the State alleges, and
includes authority to accept individual petitions for the express purpose of determining if human
rights have been violated by a State;
c.
Article 26 of the Vienna Convention on the Law of Treaties establishes the principle of
pacta sunt servanda, which requires states to comply domestically with their international
obligations and to act in good faith; moreover, the State’s timeframes, which the Commission
considers to be mere policy, are inconsistent
with the timeframes established by the Statutes and Rules of Procedure of the Commission and
the United Nations Human Rights Committee;
d.
the petitions before the Commission in these cases allege human rights violations; and
e.
the Vienna Convention on the Law of Treaties, as interpreted in Advisory Opinions OC-13
and OC-14 of this Court, requires States to create the necessary machinery to meet their
international obligations.
7.
The statements of the Commission during the public hearing on August 28,
1998, which demonstrated the urgency of the situations of the alleged victims, all of
whom are still under imminent sentence of death and, therefore, at continued risk of
irreparable damage.
8.
The refusal of the State to appear at the public hearing held by the Court on
August 28, 1998.
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.
2.
That Article 63(2) provides:
[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.
3.
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