3 a) Frederick Atkins was convicted on July 21, 1999 of the murder of Sharmaine Hurley and then sentenced to a mandatory death penalty. He has since been on death row at the Glendairy Prison in Barbados; b) Barbados is responsible for violating Mr. Atkins’ rights, including the rights to life, to due process, and to be protected from inhuman treatment or punishment (Articles 2, 4, 5 and 8 of the American Convention); c) the State’s mandatory death penalty violates the American Convention’s prohibition against the death penalty, save for the most serious offenses, and amounts to a violation of the alleged victim’s right not to be deprived arbitrarily of his life; d) Mr. Atkins has been or is currently at risk of being exposed to cruel and inhuman treatment or punishment by virtue of the prison conditions in which he is now being held, and the nature itself of the execution – by hanging – which inherently constitutes cruel and inhuman treatment or punishment; e) Mr. Atkins has exhausted available domestic remedies. In this regard, his final appeal to the Judicial Committee of the Privy Council was dismissed on November 20, 2002; and f) a warrant was read to Mr. Atkins for his execution on Monday, February 14, 2005. 12. The representations made by the Commission to the effect that Mr. Atkins “is under a serious and urgent risk of irreparable damage pending the completion of proceedings before the [I]nter-American human rights system.” Further, the Commission stated that “the execution of the alleged victim prior to the completion of the said processes would render any eventual recommendations or judgments moot in terms of the efficacy of potential remedies, such as commutation of [his] death sentence[].” In light of the above, the Commission concluded that the facts alleged constitute a situation of extreme gravity and urgency, justifying the issuing of an order of provisional measures by the Court, pursuant to Article 63(2) of the Convention and Article 25 of the Rules of Procedure. Consequently, the Commission requested that the Court order the State: i) to take “all measures necessary to preserve the life and physical integrity of Frederick Atkins, so as not to hinder the processing of his case before the Inter-American system”, and that “said measures include the urgent adoption of all actions necessary to stay the execution scheduled for Monday, 14 February 2005”; and ii) to “inform the Court concerning the measures taken to comply with the present request.” 13. The Order of February 11, 2005 issued by the President of the Court, which decided: 1. To require the State to adopt, without delay, all of the necessary measures to preserve the life and physical integrity of Frederick Atkins, so as not to hinder the processing of his case before the Inter-American system. 2. To require the State, pursuant to the Court’s Order of November 25, 2004, to maintain all of the necessary measures to preserve the life and physical integrity of