explained that the date of Mr. DaCosta Cadogan’s re-sentencing hearing were dependent on the moment that these bills had passed all the necessary legislative stages to become binding law.42 Therefore, the State proposed several possible dates to hold the said hearing, accounting for the time that this process would require; nevertheless, since the bills had not yet been enacted (supra considerandum 7), the hearing had not been held. 26. As it was previously mentioned (supra consideranda 8 to 16), in June 2018, the CCJ declared that section 2 of the Offences Against the Person Act was unconstitutional insofar as it established the mandatory nature of the death penalty, also referring to the erga omnes effects of its ruling, by recognizing that it could affect other people who had been sentenced to death under the said law or whose death sentence had been commuted to life imprisonment. In this regard, it considered that these people should “be brought with reasonable expedition before the Supreme Court for re-sentencing”.43 Taking this into account, as well as the fact that, to date, Barbados has not carried out the death sentence imposed on Mr. DaCosta Cadogan, this Court concludes that the State has complied with the part of the reparation measure ordered in the eleventh operative paragraph of the Judgment, relating to setting aside and not carrying out the death sentence imposed on Mr. DaCosta Cadogan (supra considerandum 23, section “i”). As for the other part of such measure, relating to providing Mr. DaCosta Cadogan with a hearing for the judicial determination of the appropriate sentence in his case, this Tribunal notes that, even though the State has indicated that the celebration of the hearing depended on bringing the legislation of Barbados into compliance with what had been ordered in the Judgment (supra considerandum 25), now that this obstacle has been overcome, it still has not informed the date on which it will hold the said hearing. 27. Lastly, regarding the measure ordered in the twelfth operative paragraph, regarding the obligation not to impose the death penalty on Mr. DaCosta Cadogan under the new legislative measures ordered in the judgment (supra considerandum 25, section “ii”), the Court notes that the representatives indicated that Barbados had complied with this part of the measure on the basis of the CCJ’s ruling and the legislative measures that, as indicated by both parties, are now in force, among which is the “Offences Against the Person (Amendment) Act, 2018” (supra considerandum 15). The Court notes that section 2(3) of this act establishes that “[w]here the Court sentences a person to death and the sentence of death is not executed within a period of 5 years from the date of the sentence,” as is the case of the victim in the instant case, “the sentence shall be commuted by order of the Court, to a sentence of imprisonment that the Court shall specify having regard to the guidelines set out in sections 39 and 41 of the Penal System Reform Act, Cap. 139”. In addition, section 2(A) specifically refers to the case of those persons who, like Mr. DaCosta Cadogan, were convicted of murder and sentenced to death prior to the entry into force of the amendment, and whose sentence was not commuted, establishing that, in such cases, the sentence shall be set aside and a new sentence imposed, which cannot consist of another death sentence.44 Consequently, the Court considers that Barbados has complied with this part of the Judgment. 42 On this matter, the State clarified that, in order to enter into force, such bills required “among other things, […] certification by the Attorney-General, approval by the Cabinet, enactment by Parliament, and publication in the Official Gazette”. Cf. State’s report of March 1, 2012. 43 Cf. Judgment of the Caribbean Court of Justice in the cases of Jabari Sensimania Nervais v. The Queen and Dwayne Omar Severin v. The Queen, supra footnote 26. 44 Both parties referred to the “Offences Against the Person (Amendment) Act, 2018” in the State’s report of December 14, 2018, and the written observations of the representatives of February 22, 2019. Although none of the parties submitted a copy of its text, the Tribunal’s Secretary consulted it at the official website of the Parliament of Barbados, which is available at https://www.barbadosparliament.com/bills/details/307 (last visit: March 11, 2020). -11-