36 7. The State is not responsible for the violation of Article 8(2)(e) of the American Convention on Human Rights, in accordance with paragraph 93 of this Judgment. AND HOLDS, unanimously, that: 8. This Judgment constitutes, per se, a form of reparation. 9. The State shall adopt, within a reasonable time and in accordance with paragraph 104 of this Judgment, the legislative or other measures necessary to ensure that the Constitution and laws of Barbados, particularly Section 2 of the Offences Against the Person Act and Section 26 of the Constitution, are brought into compliance with the American Convention. 10. The State shall ensure that all persons accused of a crime whose sanction is the mandatory death penalty will be duly informed, at the initiation of the criminal proceedings against them, of their right to obtain a psychiatric evaluation carried out by a stateemployed psychiatrist, in accordance with paragraph 105 of the present Judgment. 11. The State shall set aside and not carry out the death penalty imposed on Tyrone DaCosta Cadogan and provide him, within a reasonable time and in accordance with paragraph 109 of this Judgment, without the need for a new trial, a hearing for the judicial determination of the appropriate sentence in his case, in consideration of the particular characteristics of the crime and the participation and degree of culpability of the defendant. This must be carried out under the new legislative framework applicable in Barbados as a result of the legislative measures ordered by this Tribunal in order to ensure that the imposition of the death penalty does not violate the rights and liberties guaranteed in the Convention. 12. The State shall not impose a sentence of death on Mr. DaCosta Cadogan under the new legislative measures ordered herein, in accordance with paragraph 110 of this Judgment. 13. The State shall make the payment for reimbursement of costs and expenses established in paragraph 121 of this Judgment, in accordance with paragraphs 121 to 124 hereof. 14. The Court shall monitor full compliance with this Judgment, in exercise of its attributes and in compliance with its obligations under the American Convention, and shall close this case once the State has integrally complied with its terms. Within one year of notification of the Judgment, Barbados shall provide the Court with a report on the measures adopted in compliance thereof. Judge Sergio García Ramírez informed the Court of his concurring opinion, which accompanies this Judgment. Drafted in English and Spanish, the text in both languages being authentic, in San Jose, Costa Rica, on September 24, 2009.