13
This Report was transmitted to the State on November 22, 1999. On January 22,
2000, the State sent its response to the Report, and on February 22, 2000, the
Inter-American Commission, pursuant to Article 51 of the Convention, decided to
refer the case to the Court.
25)
On June 13, 2000, the Commission adopted Report No. 53/00 in connection
with the seven cases that comprise the Benjamin et al. Case, 17 and transmitted it to
the State on July 5 of the same year. The State did not provide the Commission with
a response, nor did it provide any information relating to any measures it might have
taken to comply with the Commission’s recommendations. On October 4, 2000, the
Inter-American Commission, pursuant to Article 51 of the Convention, decided to
refer the case to the Court.
IV
PROVISIONAL MEASURES
26)
On May 22, 1998, the Commission requested that the Court adopt provisional
measures to preserve the life and physical integrity of Wenceslaus James and
Anthony Garcia, among others, 18 who were being detained awaiting execution in
Trinidad and Tobago. This request was based on the ground that executing these
persons before the Commission had an opportunity to examine their petitions would
cause them irreparable harm and render moot the Commission’s eventual decisions
in the matter.
27)
By Order of May 27, 1998, the President of the Court (hereinafter "the
President") ordered the adoption of urgent measures in what was later named the
James et al. matter, and on June 14 of the same year, the Court ratified the
President’s decision, issued the provisional measures requested and summoned the
parties to a public hearing to be held on August 28, 1998. The hearing was held on
the date indicated and the State did not appear.
28)
On August 29, 1998, the Court expanded the provisional measures in the
James et al. matter to include: Darrin Roger Thomas, Haniff Hilaire, and Denny
Baptiste. 19
12,111 (Vijay Mungroo), 12,112 (Phillip Chotalal), 12,129 (Naresh Boodram and Joey Ramiah), 12,137
(Nigel Mark), 12,140 (Wilberforce Bernard), and 12,141 (Steve Mungroo).
17
The seven cases are: 12,148 (Peter Benjamin), 12,149 (Krishendath Seepersad), 12,151 (Allan
Phillip), 12,152 (Narine Sooklal), 12,153 (Amir Mowlah), 12,156 (Mervyn Parris), and 12,157 (Francis
Mansingh).
18
The remaining persons mentioned by the Commission in its request (Anthony Briggs, Anderson
Noel and Christopher Bethel) are not included in the Applications comprising the present Case.
19
On June 26, July 10, and July 21, 1998, the Commission requested that the Court expand the
provisional measures ordered in the James et al. matter to include Darrin Roger Thomas, Haniff Hilaire,
and Denny Baptiste, respectively. The Commission considered that the circumstances of these persons
were similar to those of the other inmates for whom the Court had already ordered provisional measures,
and added that their execution was imminent, and therefore they were particularly vulnerable to
irreparable harm.
On June 29, July 13, and July 22, 1998, the President of the Court ordered the State, inter alia, to take all
measures necessary to preserve the lives of Darrin Roger Thomas, Haniff Hilaire, and Denny Baptiste,
respectively, so that the Court could examine the merit of the Commission’s request.