3
b)
in each of the five cases, the petitioners alleged to the Commission
that the State has violated specific rights under the American
Convention and the American Declaration of the Rights and Duties of
Man;
c)
the Commission requested precautionary measures in each of these
five cases pursuant to Article 29(2) of its Rules of Procedure, with no
response from the State; and
d)
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 these five 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 these sentences
and complaints relate.
5.
The Order of the President of the Court (hereinafter “the President”) of
October 25, 2001, in which he adopted urgent measures and decided:
1.
To require the Republic of Trinidad and Tobago to take all measures
necessary to preserve the lives of Balkissoon Roodal, Sheldon Roach, Arnold
Ramlogan, Beemal Ramnarace and Takoor Ramcharan so that the Court may
examine during its LIII Regular Session 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 November 5,
2001 on the measures taken in compliance with this Order, as well as its
observations on the measures requested by the Inter-American Commission
on Human Rights, so that this information can be studied by the Court during
its LIII Regular Session.
3.
To submit the request of the Inter-American Commission on Human
Rights, this Order, and the urgent communication that will be presented by the
Republic of Trinidad and Tobago for the consideration of the Inter-American
Court of Human Rights during its LIII Regular Session.
6.
The failure of the State to provide information in relation to operative
paragraphs 2 and 3 of the Court’s Order of November 24, 2000 (supra 1) and to
operative paragraph 2 of the President’s Order of October 25, 2001 (supra 5.)
CONSIDERING:
1.
That Trinidad and Tobago has been a State Party to the American Convention
from May 28, 1991 (day in which it accepted the jurisdiction of the Court) until May
26, 1999.
2.
That the State gave notice of its denunciation of the Convention to the
Secretary General of the Organization of American States on May 26, 1998, and that,
pursuant to Article 78(1) of the said Convention, the denunciation became effective
on May 26, 1999.