21 74. The Tribunal notes the State’s commitment to comply with the Boyce et al. Judgment and modify its domestic legislation to conform to the American Convention, specifically with regard to Section 2 of OAPA and Section 26 of the Constitution. Nonetheless, the Tribunal emphasizes that, in the present case, the international responsibility of the State arose when it applied to the alleged victim legislation that was incompatible with the American Convention, regardless of the State’s intention to modify that legislation in the near future (supra paras. 29 and 30). 75. Accordingly, in light of the Court’s jurisprudence, and to the extent that Section 26 of the Constitution of Barbados prevents judicial scrutiny over Section 2 of the Offences Against the Person Act, which in turn violates the right not to be arbitrarily deprived of life, the Court finds that the State has failed to abide by its obligations under Article 2 of the Convention, in relation to Articles 1(1), 4(1) and 4(2), and 25(1) thereof. VIII VIOLATION OF ARTICLE 8(1) AND 8(2)57 (RIGHT TO A FAIR TRIAL) OF THE AMERICAN CONVENTION, IN RELATION TO ARTICLES 1(1)58 AND 4(1)59 THEREOF 76. The Commission and the representatives’ allegations that the mandatory death penalty in Barbados violates Article 5(1) and 5(2) of the Convention, as well as Article 8(1) and 8(2) thereof, have already been examined in Chapter VI of this Judgment regarding the violation of Article 4 of that instrument (supra paras. 40 to 59). Nonetheless, several issues have been raised by the representatives regarding the alleged violation of Mr. DaCosta Cadogan’s right to a fair trial. 77. First, the representatives argued that Mr. DaCosta Cadogan suffers from a personality disorder and alcohol dependence, which, according to Dr. Green, “are 57 Article 8 of the Convention establishes, in its pertinent part, that: 1. [e]very person has the right to a hearing, with due guarantees and within a reasonable time, by a competent, independent, and impartial tribunal, previously established by law, in the substantiation of any accusation of a criminal nature made against him or for the determination of his rights and obligations of a civil, labor, fiscal, or any other nature. 2. [e]very person accused of a criminal offense has the right to be presumed innocent so long as his guilt has not been proven according to law. During the proceedings, every person is entitled, with full equality, to the following minimum guarantees: a. the right of the accused to be assisted without charge by a translator or interpreter, if he does not understand or does not speak the language of the tribunal or court; b. prior notification in detail to the accused of the charges against him; c. adequate time and means for the preparation of his defense; d. the right of the accused to defend himself personally or to be assisted by legal counsel of his own choosing, and to communicate freely and privately with his counsel; e. the inalienable right to be assisted by counsel provided by the state, paid or not as the domestic law provides, if the accused does not defend himself personally or engage his own counsel within the time period established by law; f. the right of the defense to examine witnesses present in the court and to obtain the appearance, as witnesses, of experts or other persons who may throw light on the facts; g. the right not to be compelled to be a witness against himself or to plead guilty; and h. the right to appeal the judgment to a higher court. 58 Article 1.1, supra note 19. 59 Article 4.1, supra note 17.