San José, 24 May 1999
We have the honour to refer to the draft Resolution on the observations and recommendations to the Annual Report of the Inter-American Court of Human Rights. The said draft Resolution was presented to Your Excellency by the Commission on Juridical and Political Affairs, in order to be considered by the General Assembly of the Organisation of American States during its next Regular Session.
In its Annual Report, the Inter-American Court of Human Rights informed the General Assembly, pursuant to Article 65 of the American Convention on Human Rights, that the Republic of Trinidad and Tobago has not complied with its Orders on Provisional Measures in the James et al. Cases. Further, it requested that the General Assembly urge the Republic of Trinidad and Tobago to comply with the said Orders.
When studying the draft Resolution that will be submitted to the General Assembly, the Court noted with some surprise that, whilst its second “considering” makes mention to Article 65 and to the duty of the Court to report the cases in which a State fails to comply with its judgements, the operative exhortation to the Republic of Trinidad and Tobago to comply with the Orders of the Court has been omitted.
The Court considers that, in order to safeguard the effectiveness of the Inter-American System for the Protection of Human Rights, it is of the utmost significance that the highest organ of the Organisation consider and support its Orders.
Ambassador Julio César Aráoz
President of the Permanent Council
Organization of American States
Washington, D.C. 20006
Therefore, we request Your Excellency that an operative paragraph by which the General Assembly urges the Republic of Trinidad and Tobago to comply with the Orders on Provisional Measures issued by the Inter-American Court of Human Rights in the James et al. Cases be included in the draft Resolution to be submitted to the General Assembly, in compliance with Article 65 of the American Convention on Human Rights. Furthermore, this Court will highly appreciate the submission of the instant note to the Permanent Council during its next session, to be held on 26 May 1999.
Please accept, Your Excellency, the renewed assurances of our highest and distinguished consideration.