4. Our opinion is presented from two perspectives: firstly, we shall explain why the
sixty (60) days’ time limit is not logical and reasonable (I); and secondly, we shall point
to the Court's unwarranted inconsistency with regard to time limits when it comes to
implementing Rule 51 (5) of our Rules (II).
!. Unreasonable time limit
5. To start with, it should be made clear that any such time limit is always counted from
the date of receipt of the Court's Order by the Respondent State, rather than from the
date of delivery of the said Order by the Court, a provision which protects the
Respondent State from any surprises.
6. It should also be emphasized that, by definition, the provisional measures
concerned are emergency measures which must be taken quite speedily. This places
the Respondent State in a situation whereby it has to give priority to implementation
of the measures iri question; measures which must be taken as quickly as possible.
7. Having said that, the question as to how much time a Respondent State should be
allowed to report on the measures taken to comply with an Order of Court has to be
considered on a case by case basis.
8. In deciding to issue an Order for Provisional Measures either in the interest of the
Parties or in the interest of justice, the Court must do so with firmness to avoid criticism
regarding the immediate and urgent applicability of such measures. Firmness is all the
more necessary when it comes to measures aimed at protecting the fundamental right
to life4, as in this case, to prevent the Applicant subject to capital punishment, from
being executed even when the proceedings are pending before the Court.*2
4 A right protected by Article 4 of the Charter: "Human beings are inviolable. Every human being shall
be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of
this right” , and by Article 6 of the International Covenant on Civil and Political Rights:
“1. Every human being has the Inherent right to life. This right shall be protected by law. No one shall
be arbitrarily deprived of his life".
2. In countries which have not abolished the death penalty, sentence of death may be imposed only for
the most serious crimes in accordance with the law In force at the time of the commission of the crime
and not contrary to the provisions of the present Covenant and to the Convention on the Prevention
2