30
to effectively pursue any further rights they may have”.116
109. Similarly, this Tribunal considers that the first reading of the warrants of execution to
Messrs. Boyce and Joseph violated their right to personal integrity, recognized in Article
5(1) and 5(2) of the Convention, in relation to Article 1(1) thereof. The Court further
observes that said violation has already been addressed by the Barbados Court of Appeals
with a favorable result to the alleged victims, whose death sentences were commuted to life
imprisonment.
110. Subsequently, the State filed an appeal with the Caribbean Court of Justice117
(hereinafter “CCJ”) against the decision of the Barbados Court of Appeals. This Tribunal
observes that the Commission filed the application in the present case on June 23, 2006,
before the CCJ had issued a final decision on the issue of the reading of warrants of
execution. On November 8, 2006, the CCJ dismissed the State’s appeal and, inter alia,
upheld the commutation of the sentences of both Mr. Joseph and Mr. Boyce, and did not
provide them with any additional compensation or other remedies.118 Furthermore, the CCJ
held that Messrs. Boyce and Joseph had a “legitimate expectation” not to be executed - and
thus not be read warrants of execution - before their international human rights petition
procedures were completed, within a “reasonable time”.119
111. In this sense, the Court also considers that the second reading of the warrants of
execution to Messrs. Boyce and Joseph violated their right to personal integrity, in
accordance with Article 5(1) and 5(2) of the Convention, in relation to Article 1(1) of said
instrument. Likewise, the Court observes that the damage caused by the violation of the
right to personal integrity of Messrs. Boyce and Joseph has already been addressed and
resolved domestically in their favor, resulting in the commutation of their sentences.
112. Nevertheless, the Court will address the issue of whether the State must await for
the completion of proceedings before the Inter-American System before it may carry out a
death sentence. The State argues that the aforementioned “legitimate expectation” was not
part of Barbados’ law until the CCJ’s ruling of November 8, 2006. The Court disagrees with
the State’s reading of the CCJ’s decision. Contrary to the State’s assertion, the CCJ’s
decision recognized the binding nature of the decisions of the JCPC on Barbados, “until and
unless they are overruled” by the CCJ.120 Accordingly, the JCPC’s decision in the Lewis121
case, which held that executions in Jamaica could not be carried out where a decision is
pending before an international human rights body, was binding as to Barbados at the time
the alleged victims were read their death warrants. Nevertheless, the CCJ’s decision limited
116
Cf. Judgment delivered by the Barbados Court of Appeal in Jeffrey Joseph and Lennox Ricardo Boyce v.
The Attorney-General et al., supra note 13, paras. 82 and 84, (folios 976-978).
117
On April 16, 2005, the Caribbean Court of Justice substituted the Judicial Committee of the Privy Council
as the highest court for the English-speaking Caribbean countries that have recognized its jurisdiction.
118
Cf. Judgment delivered by the Caribbean Court of Justice in The Attorney General et al. v. Jeffrey Joseph
and Lennox Ricardo Boyce, supra note 14, para. 133, (folio 3231).
119
Cf. Judgment delivered by the Caribbean Court of Justice in The Attorney General et al. v. Jeffrey Joseph
and Lennox Ricardo Boyce, (holding that “the BPC ought not to have decided to advise the Governor-General to
proceed with the executions before allowing the respondents a reasonable time to complete the processing of their
petitions. In giving this advise without waiting a reasonable time for the Commission’s report, the BPC defeated
the legitimate expectation of the respondents and deprived itself of any opportunity of considering the
Commission’s report or if the matter was referred to the Inter-American Court, that Court’s judgment. The reading
of the death warrants on the 15th September 2004 constituted an infringement of the respondent’s right to the
protection of the law”), supra note 14, para. 128, (folio 3229).
120
Cf. Judgment delivered by the Caribbean Court of Justice in The Attorney General et al. v. Jeffrey Joseph
and Lennox Ricardo Boyce, supra note 14, para. 18, (folio 3180).
121
Cf. Judgment delivered by the Judicial Committee of the Privy Council in Neville Lewis v. Attorney General
of Jamaica, supra note 113).
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