-4-
8.
That in this case the measures requested in favor of Mr. Cadogan seek to allow for
the possibility that the organs of the Inter-American system of human rights protection
evaluate the possible existence of violations of the American Convention to his detriment.
9.
That the Court observed in the case of Boyce et al. v. Barbados, inter alia, that:
113.
[…] it is fundamental that litigants be able to complete their […] petitions and
applications before the Commission and Court, respectively, before any execution may be
carried out.
This is a natural consequence of Barbados’ ratification of the American
Convention and recognition of the jurisdiction of this Court. A different reading of the
Convention would be contrary to its object and purpose, and would render the access of the
individual to the Inter-American System, as well as Articles 62(3) and 63(1) of such
instrument, meaningless.5
10.
That if the State executes Mr. Tyrone DaCosta Cadogan, it would cause an
irreparable situation as well as possibly constitute conduct incompatible with the object and
purpose of the Convention.6
11.
That the situation described by the Commission in the present case (supra Having
Seen clause 2) reveals prima facie the possible existence of a situation of extreme gravity
and urgency, rendering it necessary to avoid irreparable damage to the right to life and
physical integrity of Mr. Tyrone DaCosta Cadogan.
12.
That the adoption of these provisional measures does not entail a decision on the
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merits of the controversy.
NOW THEREFORE:
THE PRESIDENT OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in accordance with Article 63(2) of the American Convention and Article 25 of the Rules of
Procedure,
DECIDES:
Cf. Case of Boyce et al. v. Barbados. Preliminary Objection, Merits, Reparations and Costs. Judgment of
November 20, 2007. Series C Nº. 169, para. 113.
6
Cf. Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the InterAmerican Court of Human Rights of November 26, 2001, Consideration twelve; Matter of Boyce and Joseph. supra
note 4, Consideration eight, and Case of Raxcacó et al., supra note 4, Consideration nine..
5
Cf. Case of Guerrero Galluci and Martínez Barrios. Provisional Measures regarding Venezuela. Order of the
Inter-American Court of Human Rights of July 4, 2006, Consideration fourteen. Matter of Capital El Rodeo I & II,
supra note 3, Consideration twenty-two; Matter of “Globovision” Television Station. Provisional Measures regarding
Venezuela. Order of the Inter-American Court of Human Rights of January 29, 2008, Consideration thirteen.
7