4 stay. Thus, the Commission observed that, while a person in Mr. Cadogan’s situation may have a legitimate expectation that the sentence will not be executed, he does not have a right not to be executed; and c) the State has not provided any information on the concrete application of that decision to the specific case of Mr. Cadogan. Thus, the Commission considered that there is no guarantee or even a specific undertaking that warrants of execution will not be issued at the discretion of the State. Considering: 1. That Barbados has been a State Party to the American Convention since November 27, 1982 and, in accordance with Article 62 thereof, recognized the contentious jurisdiction of the Inter-American Court on June 4, 2000. 2. That Article 63(2) of the American Convention establishes that, “[i]n cases of extreme gravity and urgency, and when necessary to avoid irreparable damage to persons, the Court shall adopt such provisional measures as it deems pertinent in matters it has under consideration. With respect to a case not yet submitted to the Court, it may act at the request of the Commission.” 3. That in relation to this issue, Article 25 of the Rules of Procedure establishes that: 1. At any stage of the proceedings involving cases of extreme gravity and urgency, and when necessary to avoid irreparable damage to persons, the Court may, at the request of a party or on its own motion, order such provisional measures as it deems pertinent, pursuant to Article 63(2) of the Convention. 2. With respect to matters not yet submitted to it, the Court may act at the request of the Commission. 3. In contentious cases already submitted to the Court, the victims or alleged victims, their next of kin, or their duly accredited representatives, may present a request for provisional measures directly to the Court. […] 4. That on October 31, 2008, the Commission filed an application with the Court regarding case No. 12.645 (Tyrone DaCosta Cadogan) (supra Having Seen 5), based on the subject-matter of the request for provisional measures, which was notified to the State on November 17, 2008. 5. That Article 1(1) of the Convention establishes the general obligation of States Parties to respect the rights and freedoms recognized therein and to ensure the full and free exercise of those rights and freedoms to every person subject to their jurisdiction; this duty

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