13 In l1ght of the foregoing, the Court has satisfied Itself that, prima facie, it has
jurisdiction to deal with the appllcat1on
IV.
On the provisional measures sought
14 In the1r Application, the Applicants did not request the Court to order provisional
measures,
15. Under Article 27(2) of the Protocol and Rule 51(1) of the Rules , the Court Is
empowered to order provisional measures proprio motu in cases of extreme grav1ty
and when necessary to avoid irreparable harm to persons, and which it deems
necessary to adopt in the interest of the parties or of justice
16 It is for the Court to decide In each situation if, In the light of the particular
circumstances, it should make use of the power provided for by the aforementioned
provisions,
17 The Applicant is on death row and It appears from this application that there exists
a situation of extreme gravity, as well as a risk of irreparable harm to the Applicant:
18. Given the particular circumstances of the case, where there Is a risk of the
execution of the death sentence, which may jeopardise the enjoyment of the lights
guaranteed under Articles 7 of the Charter and 14 of the ICCPR, the Court has
decided to Invoke its powers under Article 27{2) aforesaid,
19 The Court finds that the situation raised in the present application is of extreme
gravity, and represents a risk of irreparable harm to the rights of the Applicants as
protected by Article 7 of the Charter and 14 of the ICCPR, if the death sentence were
to be carried out.
20. Consequently , the Court concludes that the circumstances require an Order for
provisional measures, in accordance with Article 27(2) of the Protocol and Rule 51
of its Rules, to preserve the status quo ante, pending the determination of the main
application.
21 For the avoidance of doubt, this Order shall not in any way prejudice any final
findings the Court shall make regarding its jurisdiction, the admissibility and the
ments of the application.
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