3.
The communications of the Secretariat of the Tribunal of July 10 and September 17,
2009, and March 21 and April 25, 2013, through which the Republic of Trinidad and Tobago
(hereinafter, “Trinidad and Tobago” or “the State”) and the representatives of the beneficiaries
(hereinafter, “the representatives”) were asked to submit the information requested in the Order
of the Court of April 3, 2009 (supra Having Seen paragraph 1). In addition, through the
aforementioned communications of March 21 and April 25, 2013, the State and the
representatives were asked to present information on the possibility that the death penalties
imposed on each of the beneficiaries would be effectively executed, in view of the particular
situation of each beneficiary. The State and the representatives did not submit the information
requested.
CONSIDERING THAT:
1.
The Republic of Trinidad and Tobago was a State Party to the American Convention on
Human Rights (hereinafter, “the American Convention” or “the Convention”) from May 28, 1991,
to May 26, 1999, and recognized the contentious jurisdiction of the Court on May 28, 1991.
2.
On May 26, 1998, the State notified the Organization of American States of its
denunciation of the Convention, which, pursuant to Article 78(1) of said treaty, became effective
on May 26, 1999. Nevertheless, in conformity with Article 78(2) of the Convention, “Such a
denunciation shall not have the effect of releasing the State Party concerned from the obligations
contained in [the] Convention with respect to any act that may constitute a violation of those
obligations and that has been taken by that state prior to the effective date of denunciation.”
3.
Article 63(2) of the American Convention states that, “In 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.” This
provision is, in turn, regulated by Article 27 of the Rules of Procedure of the Court (hereinafter,
“the Rules of Procedure”)1 and is obligatory in accordance with a basic principle of international
law, supported by international jurisprudence, whereby States are required to comply with
international treaty obligations in good faith (pacta sunt servanda).2
4.
In International Human Rights Law, provisional measures are not only preventive in
nature, in the sense that they preserve a juridical situation, but they are also essentially
protective inasmuch as they seek to safeguard human rights and avoid irreparable damage to
persons.3 According to Article 63(2) of the Convention, three conditions must be met in order for
the Court to be able to order provisional measures: a) “extreme gravity”; b) “urgency”; and c)
the need “to avoid irreparable damage to persons.” In this way, provisional measures become a
true jurisdictional guarantee that is preventive in nature.4 These three conditions must be present
1
Rules of Procedure approved by the Court in its LXXXV Regular Period of Sessions, held from November 16 to 28,
2009. Article 27(1) of the Rules of Procedure establishes that: “At any stage of proceedings involving cases of extreme
gravity and urgency, and when necessary to avoid irreparable damage to persons, the Court may, on its own motion,
order such provisional measures as it deems appropriate, pursuant to Article 63(2) of the Convention.”
2
Cf. Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the Inter-American
Court of Human Rights of June 14, 1998, Considering para. 6, and Matter of Castro Rodríguez. Request for Provisional
Measures regarding Mexico. Order of the Inter-American Court of Human Rights of February 13, 2013, Considering para.
4.
3
Cf. The “La Nación” Case. Provisional Measures regarding Costa Rica. Order of the Inter-American Court of
Human Rights of September 7, 2001, Considering para. 4, and Matter of Castro Rodríguez. Request for Provisional
Measures regarding Mexico. Order of the Inter-American Court of Human Rights of February 13, 2013, Considering para.
5.
4
Cf. The “La Nación” Case. Provisional Measures regarding Costa Rica. Order of the Inter-American Court of
Human Rights of September 7, 2001, Considering para. 4, and Matter of Castro Rodríguez. Request for Provisional
2