4
Lennox Boyce and Jeffrey Joseph, so as not to hinder the processing of their cases
before the Inter-American system.
3.
To require the State to inform the Inter-American Court, within 10 days of the
notification of the […] Order, regarding the steps it has taken in fulfillment of th[e]
Order.
4.
To require the representatives of the beneficiary of the […] urgent measures to
submit their observations on the State’s report within five days of its reception, and to
require the Commission to submit its observations on the State’s report within seven
days of its reception.
5.
To require the State, after the submission of its first report, to continue
informing the Court every two months regarding the measures it adopts with respect to
Messrs. Atkins, Boyce and Joseph, and to require the representatives of the beneficiaries
of the present provisional measures and the Commission to submit their observations on
those State reports within four and six weeks, respectively, of the reception of such
reports.
[…]
14.
The communication of February 17, 2005, in which the State submitted a
report in response to the President’s Order of February 11, 2005 and the Court’s
Order of November 25, 2004. Barbados informed the Court that “the alleged victims
Lennox Boyce, Jeffrey Joseph and Frederick Atkins remain incarcerated in the
Glendairy Prison, in Barbados, West Indies, and have not been executed.”
Furthermore, the State reiterated the terms of its December 16, 2004 letter (supra
fourth “Having Regard To”).
15.
The communication of February 25, 2005, in which the Commission submitted
its observations on the State’s report of February 17, 2005. The Commission
indicated that the Court had already ruled that a mandatory death penalty “is in
violation of the American Convention”. Furthermore, it stated that “it does not
appear that there are any legal obligations upon the State to execute the
beneficiaries before their cases have been processed by the Inter-American System
or that any delays […] would necessarily constitute a breach of the Barbados
constitution.” In any event, the Commission emphasized, as it did in previous
observations, that “the Court is only obliged to take cognizance of and construe the
obligations of the State under the Convention”. Finally, the Commission requested
the Court to maintain the provisional measures in favor of Lennox Boyce, Jeffrey
Joseph and Frederick Atkins.
16.
The communication of March 11, 2005, in which the representatives
submitted observations on the State’s report of February 17, 2005.
The
representatives stated that Mr. Atkins’ death warrant was not withdrawn, but was
temporarily stayed in the High Court of Barbados on February 11, 2005, pending the
final determination of the constitutional motion for Messrs. Boyce and Joseph, which
was before the Court of Appeal of Barbados. They furthermore emphasized that the
warrants for the execution of Messrs. Atkins, Boyce and Joseph, although temporarily
stayed, “remain live”. Finally, the representatives asserted that they were “gravely
concerned that the State Party is actively opposing in the domestic courts the very
position they have been ordered to adopt by the Inter-American Court of Human
Rights, namely a stay of execution until this matter has been finally determined by
the Inter-American Commission and Court.”
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