4
9.
On September 14, 2007, the President requested that the representatives submit
verifying receipts and evidence regarding the expenses incurred by them in the present
case.
10.
On October 23, 2007, the representatives informed the Court of the “breakdown of
the expenses” incurred by them, and submitted the corresponding verifying receipts and
evidence on November 7, 2007.
11.
On November 16, 2007, the State and the Commission submitted their respective
observations regarding the alleged “breakdown of the expenses” incurred by the
representatives.
III
PRIOR CONSIDERATIONS
12.
Prior to analyzing the preliminary objection submitted by the State and the possible
merits of this case, the Tribunal will address in this chapter the following two issues raised
by the State in its submissions: a) the effect of Barbados’ reservation to the American
Convention, and b) the alleged mootness of the questions presented in this case.
A.
Barbados’ Reservation to the American Convention
13.
The State asserted that “its reservation to the American Convention precludes
analysis by this […] Court of both Barbados’ (1) death penalty and (2) its form of
execution.” The relevant portions of this reservation read as follows:
In respect of [Article] 4(4) [of the Convention,] the criminal code of Barbados provides
for death by hanging as a penalty for murder and treason. The Government is at
present reviewing the whole matter of the death penalty[,] which is only rarely
inflicted[,] but wishes to enter a reservation on this point inasmuch as treason in
certain circumstances might be regarded as a political offence and falling within the
terms of section 4(4).
In respect of [Article] 4(5)[,] while the youth or old age of an offender may be matters
which the Privy Council, the [then] highest Court of Appeal, might take into account in
considering whether the sentence of death should be carried out, persons of 16 years
and over or over 70 years of age may be executed under Barbadian law.
[…].
14.
The State alleged that even if this reservation generally speaks to the age of an
offender and the exclusion of treason from the scope of the term “political offences” under
Article 4(4) of the Convention, the first sentence of the reservation “reserves for the State
the right to carry out its sentence of death by hanging as a penalty for murder and treason
as provided for in the existing criminal laws of Barbados.” The State added that, as
“Barbados specifically alluded to the precise form of its capital punishment in its reservation,
namely, hanging, the penalty of death by hanging is not subject to scrutiny under the
American Convention in relation to Barbados.” Furthermore, the State argued that its
system of mandatory capital punishment also falls under the preclusive scope of its
reservation, as its laws in this regard have remained unchanged since the ratification of the
Convention.
15.
The Court has previously established criteria regarding the interpretation of
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