.
ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF FEBRUARY 28, 2005
PROVISIONAL MEASURES
REGARDING THE STATE OF TRINIDAD AND TOBAGO
CASE OF JAMES ET AL.
HAVING SEEN:
1.
The Order of May 27, 1999 issued by the Inter-American Court of Human Rights
(hereinafter “the Inter-American Court”, “the Court” or “the Tribunal”), which decided, inter
alia:
[t]o amplify the provisional measures ordered in the James et al. Cases and to order the Republic
of Trinidad and Tobago to take all measures necessary to preserve the lives of Peter Benjamin,
Kevin Dial, Andrew Dottin, Anthony Johnson, Amir Mohlaw, Allan Phillip, Krishandath Seepersad
and Narine Sooklal, so as not to hinder the processing of their Cases before the Inter-American
system.
2.
The communication of the Inter-American Commission on Human Rights (hereinafter
“the Inter-American Commission” or “the Commission”) of August 31, 2000, in which the
Commission advised that on “July 21, 1999, the Judicial Committee of the Privy Council
allowed an appeal by Mr. [Anthony] Johnson, quashed his conviction and sentence for
murder, and [subsequently] remitted the matter to the Trinidad and Tobago Court of Appeal
[…] to consider whether a re-trial should be ordered.”
3.
The Order of December 2, 2003 issued by the Court, which decided, inter alia:
3.
To reiterate to the State the order to maintain the provisional measures ordered by the
Inter-American Court 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 to preserve 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