35
C.2)
Guarantees of Non-Repetition
127. In order to guarantee the non-repetition of the violations of the rights addressed in
the present Judgment, the State must do the following:
a)
formally commute the death sentence of Mr. Huggins;
b)
adopt such legislative or other measures as may be necessary to ensure that
the imposition of the death penalty does not contravene the rights and freedoms
guaranteed under the Convention, and in particular, that it is not imposed through
mandatory sentencing;
c)
adopt such legislative or other measures necessary to ensure that the
Constitution and laws of Barbados are brought into compliance with the American
Convention, and, specifically, remove the immunizing effect of section 26 of the
Constitution of Barbados on its “existing laws”, and
d)
adopt and implement such measures necessary to ensure that the conditions
of detention in which the victims in this case are held comply with requirements of
the American Convention.
128. The State must commute Mr. Huggins’ sentence within six months from the date of
notification of the present Judgment, and it must comply with the remaining obligations
mentioned in the preceding paragraph within a reasonable time from such notification.
129. The Court had ordered the State to adopt provisional measures on behalf of all four
victims for the purpose of preserving their “lives and physical integrity […] so as not to
hinder the processing of their cases before the Inter-American system” (supra, paras. 3133). Since their cases have now reached this Tribunal, which has already analyzed violations
of the American Convention by Barbados to their detriment in accordance with its
contentious jurisdiction, the Court considers that the purpose of the provisional measures
has been met. In light of the above, and further considering that Mr. Atkins passed away in
2005, that Messrs. Boyce and Joseph’s death sentences have been commuted to life in
prison, and that the Court has ordered the State to formally commute the death sentence of
Mr. Huggins, this Court hereby lifts the provisional measures ordered on behalf of all of the
victims.
Accordingly, the Tribunal considers that the State’s obligations within the
framework of these procedural measures are superseded by those that are ordered in the
present Judgment as of the date of its notification.137
137
Cf. Case of Herrera Ulloa V. Costa Rica. Preliminary Objections, Merits, Reparations and Costs. Judgment
of July 2, 2004. Series C No. 107, para. 196, and Case of Raxcacó Reyes, supra note 37, operative paragraph 15.
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