32.
Accordingly, the Court requires the State, in compliance with its treaty obligations, to
proceed as soon as possible to make the said reimbursement to the Court’s Legal Assistance
Fund (supra considerandum 30).
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
by virtue of its authority to monitor compliance with its own decisions, and pursuant to
Articles 33, 62(1), 62(3), 65, 67 and 68(1) of the American Convention on Human Rights,
Articles 24, 25 and 30 of the Statute of the Court, and Articles 31(2) and 69 of its Rules of
Procedure, as well as Articles 1, 4 and 5 of the Rules for the operation of the Victims’ Legal
Assistance Fund,
DECIDES:
1.
To declare, in accordance with consideranda 7 to 16, 19 to 22 and 25 to 29 of this
Order, that the State has fully complied with the following reparation measures:
a. to adopt such legislative or other measures necessary to ensure that the Constitution
and laws of Barbados are brought into compliance with the American Convention, in
particular, section 2 of the Offences Against the Person Act, and section 26 of the
Constitution of Barbados (ninth operative paragraph of the Judgment);
b. to ensure that anyone charged with an offense punishable by the mandatory death
penalty will be duly informed at the start of the criminal proceedings against them of
their right to obtain a psychiatric evaluation conducted by a State-employed
psychiatrist (tenth operative paragraph of the Judgment), and
c. not to impose a sentence of death on Mr. DaCosta Cadogan under the new legislative
measures (twelfth operative paragraph of the Judgment).
2.
To declare, in accordance with consideranda 25 to 29 of this Order, that the State
has partially complied with the measure ordered in the eleventh operative paragraph of the
Judgment relating to setting aside and not carrying out the death penalty imposed on Mr.
DaCosta Cadogan, while it remains pending to provide him, within a reasonable time and
without the need for a new trial, a hearing for the judicial determination of the appropriate
sentence in his case, based on the specific characteristics of the crime and his participation
and degree of culpability; all this, under the new legislative framework.
3.
To keep open the procedure of monitoring compliance with the measure relating to
providing Mr. DaCosta Cadogan, within a reasonable time and without the need for a new
trial, with a hearing for the judicial determination of the appropriate sentence in his case,
based on the specific characteristics of the crime and his participation and degree of
culpability; all this, under the new legislative framework (eleventh operative paragraph of
the Judgment).
4.
To require Barbados, in accordance with consideranda 30 to 32 of this Order, to
proceed to make the reimbursement of the Victims’ Legal Assistance Fund of the InterAmerican Court of Human Rights for the sum indicated in the Order on reimbursement of
the Victims’ Legal Assistance Fund issued by the Court on November 14, 2017, jointly, in
the case of Boyce et al. and the case of DaCosta Cadogan, as soon as possible.
5.
To require the State to adopt, finally and as soon as possible, all necessary measures
to comply effectively and promptly with the pending element of the Judgment on
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