8
8.
The Court, when it ordered the State to adopt provisional measures 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 (supra Having Seen 19 and 20), also ordered that it report
on the implementation of said measures.
9.
The purpose of provisional measures, in national juridical systems (domestic
procedural law) in general, is to preserve the rights of the parties to a dispute,
ensuring that the judgment on the merits is not hindered by their actions pendente
lite.
10.
The purpose of provisional measures in International Human Rights Law goes
further, as in addition to their essentially preventive nature, they effectively protect
fundamental rights, insofar as they seek to avoid irreparable damage to persons.
11.
The Court has established, in its 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, that the information submitted
by the Commission in this case demonstrates prima facie a situation of extreme
gravity and urgency regarding the lives and physical integrity 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.3 It also established in operative paragraph four of the November 24,
2000 Order of the Court and in operative paragraph three of the November 26, 2001
Order of the Court (supra Having Seen 19 and 20) the obligation of the State to
report to the Court on the measures adopted.
12.
In light of the analysis of the documents in the file on the instant measures,
the Court deems it necessary to reiterate to the State its responsibility to adopt
security measures to protect all persons subject to its jurisdiction, and that this duty
is even more evident with respect to those involved in proceedings before the
protection bodies established by the American Convention.4
3
Cf., James et al. Case. Provisional Measures. September 3, 2002 Order of the Court, Series E No.
4, Considering nine.
4
Cf., inter alia, Bámaca Velásquez Case. Provisional Measures. November 20, 2003 Order of the
Court, Considering six; Liliana Ortega et al. Case. Provisional Measures. February 21, 2003 Order of the
Court. Series E No. 4, Considering eight; Luisiana Ríos et al. Case. Provisional Measures. February 20,
2003 Order of the Court. Series E No. 4, Considering eight; Luis Uzcátegui Case. Provisional Measures.
February 20, 2003 Order of the Court. Series E No. 4, Considering eleven; Luis Uzcátegui Case. Provisional
Measures. November 27, 2002 Order of the Court. Series E No. 4, Considering seven; Luisiana Ríos et al.
Case. Provisional Measures. November 27, 2002 Order of the Court. Series E No. 4, Considering seven;