2 5. The facts stated in the Commission’s request, which are summarized as follows: a) the petition on behalf of Haniff Hilaire was presented to the Commission on October 9, 1997; b) the Commission opened the Case on October 16, 1997, and requested the State to respond to the allegations in the petition within 90 days and to provide precautionary measures, by staying the execution of Mr. Hilaire until such time as the Commission has had the opportunity to examine this case and to issue its decision; c) at no time did the State respond to the Commission’s request for precautionary measures; d) the Commission affirms that it is informed that a warrant of execution has been read to the condemned prisoner and that he will be executed on July 14, 1998. 6. The working agenda of the Court, according to which the XLI Regular Session will be held from August 24 to September 5, 1998, at its seat in San Jose, Costa Rica. 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) 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. 3. That, according to the allegations of the Commission, it has not had the opportunity to complete its examination of the complaint and to issue its decision in Case 11.816. Consequently, the situation, as described by the Commission in its request, constitutes a prima facie case of extreme gravity and urgency which could result in irreparable damage to the alleged victim in said Case. 4. That Article 25(4) of the Rules of Procedure provides that: [i]f the Court is not sitting, the President, in consultation with the Permanent Commission and, if possible, with the other judges, shall call upon the government concerned to adopt such urgent measures as may be necessary to ensure the effectiveness of any provisional measures subsequently ordered by the Court at its next session. 5. That the execution of the death penalty in the case of the Haniff Hilaire would necessarily affect the Court’s consideration of the Commission’s request for provisional measures, by rendering moot the object of any eventual decision in his favor.