12
a)
the obligation to ensure that all persons accused of a crime whose sanction is
the mandatory death penalty will be duly informed, at the initiation of the criminal
proceedings against them, of their right to obtain a psychiatric evaluation carried out
by a State-employed psychiatrist (Operative Paragraph ten of the DaCosta Cadogan
Judgment).
6.
In accordance with Considering clauses 34-37 of this Order, compliance is pending
on the following obligations:
a)
the obligation to set aside and not carry out the death penalty imposed on
Tyrone DaCosta Cadogan and 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, in consideration of the particular characteristics of the crime and
the participation and degree of culpability of the defendant, in keeping with the new
legislative framework applicable in Barbados as a result of the legislative measures
ordered by the Inter-American Court (Operative Paragraph eleven of the DaCosta
Cadogan Judgment); and
b)
the obligation to refrain from imposing a sentence of death on Mr. DaCosta
Cadogan under the new legislative measures ordered in the Judgment (Operative
Paragraph twelve of the DaCosta Cadogan Judgment).
AND DECIDES,
1.
To require the State of Barbados to take the necessary measures to fully comply with
the Operative Paragraphs of the Boyce and DaCosta Cadogan Judgments pending
compliance, as indicated in Declarative paragraphs 1, 3, 5, and 6 of this Order, in
accordance with Article 68(1) of the American Convention on Human Rights.
2.
To continue monitoring compliance with the orders of the Boyce and DaCosta
Cadogan Judgments pending fulfillment.
3.
To require the State of Barbados to submit to the Court, by February 27, 2012, two
detailed reports, one with respect to the Boyce Judgment and the other regarding the
DaCosta Cadogan Judgment, on the actions taken in order to comply with the InterAmerican Court's orders still pending fulfillment, as set forth in this Order. Thereafter, the
State of Barbados must submit reports on its compliance with the Boyce and DaCosta
Cadogan Judgments every three months.
4.
To request that the representatives of the victims and the Inter-American
Commission on Human Rights file observations to the State of Barbados's reports within
four and six weeks, respectively, as of the date on which they are served.
5.
To request that the Secretariat of the Court serve notice of this Order upon the State
of Barbados, the Inter-American Commission on Human Rights, and the representatives of
the victims.