4
[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.
6.
That the execution of the death penalty in the cases of the alleged victims 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 their favour.
7.
That the cases referred to in the Commission’s request refer to acts that were
allegedly taken by the State prior to 26 May 1999, the effective date of the State’s
denunciation of the Convention, and have not been submitted to the Court, and, therefore,
the adoption of urgent measures does not imply a decision on the merits of the existing
controversies between the petitioners and the State. By adopting urgent measures, this
Presidency is ensuring that the Court may carry out effectively its conventional mandate.
8.
That, given the aforementioned reasons, it is pertinent to call upon Trinidad and
Tobago to adopt such urgent measures as may be necessary to preserve the lives of Mervyn
Parris and Francis Mansingh, so that the Court may consider the request of the Commission
during its XLV Regular Session.
9.
That it is appropriate to require the State to inform the Court on the urgent measures
it has taken in compliance with this Order, as well as its observations on the Commission’s
requests and to submit such information for the consideration of the Court during its XLV
Regular Session.
NOW THEREFORE:
THE PRESIDENT OF THE INTER-AMERICAN COURT
OF HUMAN RIGHTS,
pursuant to Article 63(2) of the American Convention on Human Rights and Article 25(4) of
the Rules of Procedure,
DECIDES:
1.
To require the Republic of Trinidad and Tobago to take all measures necessary to
preserve the lives of Mervyn Parris and Francis Mansingh, so that the Court may examine
the pertinence of the request of the Inter-American Commission on Human Rights to amplify
the provisional measures adopted in the James et al. Cases.
2.
To require the Republic of Trinidad and Tobago to submit an urgent communication to
the Inter-American Court of Human Rights by 1 July 1999, on the measures taken in