3
death for the crime of murder in Trinidad and Tobago and whose cases have not been submitted for
examination under any other procedure of international investigation or settlement to any other
international organisation;
b)
in each case, the petition states facts that tend to establish a violation of the rights guaranteed
under the Convention. In particular, the petitions alleged that the alleged victims’ conditions of detention
in prison violate the State’s obligations under Article 5 of the Convention, and that the trials that resulted in
their convictions and sentences were unfair, contrary to Article 8 of the said Convention, acts that were
taken by the State prior to 26 May 1999, the effective date of the State’s denunciation of the Convention;
c)
certain issues raised by circumstances of the alleged victims, in particular the compatibility of their
death sentences with the rights protected under the Convention, cannot be effectively challenged before
domestic courts in the State, and therefore, effective domestic remedies do not appear to be available;
d)
the Commission requested precautionary measures in each of these cases pursuant to Article
29(2) of the Commission’s Regulations, with no response from the State;
e)
the State’s denunciation of the Convention, pursuant to Article 78 of said instrument, should not
be considered to affect the jurisdiction of either the Court or the Commission to entertain these matters;
f)
the Commission has not had the opportunity to complete its examination of these complaints and
to issue decisions in all of these cases, and, given these circumstances, it considers that the execution of
the two individuals would render any eventual decision of the Commission moot, in terms of the efficacy of
potential remedies, causing irreparable harm to the individuals to whom the sentences and complaints
relate.
6.
The working agenda of the Court, according to which the XLV Regular Session will be
held from 20 September to 1 October 1999, at its seat in San José, 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 the State gave notice of its denunciation of the Convention to the Secretary
General of the Organization of American States on 26 May 1998, and that, pursuant to
Article 78(1) of the said Convention, the denunciation became effective on 26 May 1999.
3.
That, pursuant to Article 78(2) of the American Convention, the denunciation does
not have the effect of releasing the State from its obligations with respect to acts occurring
prior to the effective date of denunciation which may constitute a violation of the said
Convention.
4.
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.
5.
That Article 25(4) of the Rules of Procedure provides that: