29
B(i)
Judgment as a form of reparation
100. First, the Court considers that the present Judgment per se is a form of reparation87
that should be understood as a measure of satisfaction that recognizes that the rights of
Tyrone DaCosta Cadogan addressed in the present Judgment have been violated by the
State.
B(ii)
Legislative Reform
101. The Commission requested that the Court order the State to “adopt such legislative
or other measures as may be necessary to ensure that the death penalty is not imposed [in
Barbados] in contravention of the rights and freedoms guaranteed under the Convention
[…], and to adopt such legislative or other measures as may be necessary to ensure that
[Section 26 of] the Constitution and [Section 2 of] the Offences Against the Person Act of
Barbados confor[m] with Article 2 [of the Convention].” The Commission further indicated
that while it “welcomed” the efforts of the State to comply with the judgment of the Court in
the Boyce et al. case and recognized the importance of the decisions it had reported, the
State’s commitments “must be codified in law and implemented in practice before they can
be considered to have an effect on the resolution” of this case.
102. The representatives also requested “[a] direction that the State […] adopt such
legislative or other measures as may be necessary to 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 “the domestic courts have full jurisdiction to uphold fundamental [c]onstitutional
rights.” To that end, the representatives argued that the “immunizing effect of [S]ection 26
of the Constitution of Barbados in respect of ‘existing laws’” should be removed.
Furthermore, the representatives requested that the Court order the State to adopt “such
legislative or other measures as may be necessary to ensure [that] indigent persons
charged with murder are provided with adequate facilities for the conduct of
psychiatric/psychological examinations in every case, in compliance with the requirements
of the American Convention, including the right to a fair trial under Article 8 and the right to
humane treatment under Article 5 of the Convention.” Specifically, the representatives
proposed the “establishment of a protocol whereby: i) the State […] would inform the
accused and his [c]ounsel of the availability of psychiatric assessments, either by a state
employed psychiatrist, or, in appropriate circumstances, by a psychiatrist in private practice
funded by the State[,] and of his right to be so examined if he chose to do so; ii) efforts
[would be] made by the State to fix appointments for such assessments to take place; and
iii) in planning for the trial of a murder case the trial judge [would] make enquiries as to
whether a psychiatric assessment has been carried out.”
103. For its part, the State indicated that, in compliance with the order of this Court in the
Boyce et al. case, it “is undertaking the necessary legislative and other measures to
safeguard against any imposition of the death penalty not in conformity with […] the
American Convention” and to bring its laws into compliance thereof. In particular, the State
expressed its intention to remove the immunizing effect of Section 26 of the Constitution of
Barbados in respect of “existing laws.” However, it also declared that the laws and practices
of Barbados “fully compl[y] with its [obligations under the Convention] by providing free
87
Cf. Case of Neira-Alegría et al. v. Peru. Reparations and Costs. Judgment of September 19, 1996. Series C
No. 29, para. 57; Case of Escher et al., supra note 6, para. 233, and Case of Acevedo Buendía et al. (“Discharged
and Retired Employees of the Office of the Comptroller”), supra note 6, para. 133.