10
Mansingh, Balkissoon Roodal, Sheldon Roach, Arnold Ramlogan, Beemal Ramnarace,
and Takoor Ramcharan. This obligation of the State to report to the Court on how it
is complying with its orders is crucial for assessment of the case.
16.
Pursuant to Article 65 of the American Convention:
[t]o each regular session of the General Assembly of the Organization of American States
the Court shall submit, for the Assembly's consideration, a report on its work during the
previous year. It shall specify, in particular, the cases in which a state has not complied
with its judgments, making any pertinent recommendations.
17.
Article 30 of the Statute of the Court provides that:
[t]he Court shall submit a report on its work of the previous year to each regular session
of the OAS General Assembly. It shall indicate those cases in which a State has failed to
comply with the Court's ruling. It may also submit to the OAS General Assembly
proposals or recommendations on ways to improve the inter-American system of human
rights, insofar as they concern the work of the Court.
18.
Since the State has not fully complied with its obligation to report on the
measures it has adopted to comply with the June 14, 1998, August 29, 1998, May
25, 1999, May 27, 1999, September 25, 1999, August 16, 2000, November 24,
2000, November 26, 2001, and September 3, 2002 Orders of the Court, if the
current situation were to persist, the Court, applying Article 65 of the Convention
(supra Considering 16) and Article 30 of the Statute (supra Considering 17), will
include the instant Order in its Annual Report for the year 2003, for it to be
considered by the General Assembly of the Organization of American States.
NOW THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
exercising the authority granted to it by Articles 63(2), 65, 68(1) and 78(2) of the
American Convention on Human Rights, Article 30 of the Statute of the Court and
Articles 25 and 29(2) of its Rules of Procedure,
DECIDES:
1.
To find that the State has not complied with the duty established in Article
68(1) of the American Convention on Human Rights because it has not fulfilled the
obligation to report on the provisional measures ordered by the Inter-American Court
of Human Rights in favor of Wenceslaus James, Anthony Garcia, Darrin Roger
Thomas, Haniff Hilaire, Denny Baptiste, Wilberforce Bernard, Naresh Boodram,
Clarence Charles, Phillip Chotalal, George Constantine, Rodney Davis, Natasha De
Leon, Mervyn Edmund, Alfred Frederick, Nigel Mark, Wayne Matthews, Steve
Mungroo, Vijay Mungroo, Wilson Prince, Martin Reid, Noel Seepersad, Gangadeen
Tahaloo, Keiron Thomas, Samuel Winchester, Peter Benjamin, Kevin Dial, Andrew
Dottin, Anthony Johnson, Amir Mowlah, Allan Phillip, Krishendath Seepersad, Narine
Sooklal, Mervyn Parris, Francis Mansingh, Balkissoon Roodal, Sheldon Roach, Arnold
Ramlogan, Beemal Ramnarace, and Takoor Ramcharan.