34
compensation in respect of any violations”. Rather, the representatives requested a
“direction that the State of Barbados commute the death sentence of [Mr.] Michael Huggins
and substitute therefore a sentence of life imprisonment with appropriate opportunity to
apply for parole.” Additionally, the representatives requested that the Court order the State
to adopt such legislative or other measures as may be necessary to: 1) ensure that the
death penalty is not imposed in a manner inconsistent with the rights and freedoms
guaranteed under the Convention, and in particular, that it is not imposed through
mandatory sentencing and that it is not given effect by hanging, 2) ensure that the
conditions of detention in which the victims are held comply with the requirements of the
American Convention, including the right to humane treatment under Article 5 of the
Convention, and 3) remove the immunizing effect of section 26 of the Constitution of
Barbados in respect of “existing laws”. In relation to costs, the representatives emphasized
that they do not seek any legal fees in relation to this case, but rather seek the recovery of
expenses incurred in respect of the hearing before this Court, including travel and per diem
allowance, accommodation for the legal representatives and the expert witnesses attending
the hearing, and an additional amount representing the costs involving couriers, affidavit
fees, photocopying and travel expenses incurred in visiting prisons.
124. The State submitted that there was no need “for any reparations, including
legislative and other measures, compensation, costs and expenses”, as the State had not
incurred in any violation of the American Convention. In the alternative, the State
submitted that if the Court were to find the State responsible for violations of the
Convention, then “the only suitable form of reparation that could be provided is the
commutation of the death sentence of the Petitioners.” Additionally, the State mentioned
that if the Court decided “to order the State to undertake legislative or other measures,
then […] any such measures in and of themselves would fully satisfy the obligations of the
State to correct any existing violations as well as to guarantee that the particular human
rights obligations will be respected in the future.” Furthermore, the State emphasized that
the representatives had expressly denied a request for compensation, had thus waived their
legal fees, and that, at most, a nominal award of costs should be made.
125. The Court acknowledges that the representatives have not requested monetary
compensation in the present case. Accordingly, the Court considers that the appropriate
measures to redress the violations declared in the present Judgment must be those that
provide satisfaction for the injured party and that guarantee the non-repetition of such
violations.
C.1)
Measures of Satisfaction
126. First and foremost, the Court considers that the present Judgment per se is a form of
reparation136 that should be understood as a form of satisfaction that recognizes that the
rights of Messrs. Boyce, Joseph, Huggins, and Atkins addressed in the present Judgment
have been violated by the State.
136
Cf. Case of Suárez Rosero V. Ecuador. Reparations and Costs. Judgment of January 20, 1999. Series C No.
44, para. 72; Case of Cantoral Huamaní and García Santa Cruz, supra note 25, para. 180, and Case of Zambrano
Vélez et al., supra note 25, para. 142.
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