5
is particularly compelling in the case of persons currently the subject of a proceeding before
the supervisory organs of the American Convention.3
6.
That the urgent measures ordered by the President on November 3, 2008 (supra
Having Seen 6), are in force.
7.
That in this case the measures requested in favor of Mr. Cadogan seek to allow the
organs of the Inter-American system of human rights protection to evaluate the possible
existence of violations of the American Convention to his detriment.
8.
That the Court observed in the case of Boyce et al. v. Barbados, inter alia, that:
113.
[…] it is fundamental that litigants be able to complete their […] petitions and
applications before the Commission and Court, respectively, before any execution may
be carried out. This is a natural consequence of Barbados’ ratification of the American
Convention and recognition of the jurisdiction of this Court. A different reading of the
Convention would be contrary to its object and purpose, and would render the access
of the individual to the Inter-American System, as well as Articles 62(3) and 63(1) of
such instrument, meaningless.4
9.
That if the State executes Mr. Tyrone DaCosta Cadogan before the processing of his
case before this Court is completed, it would cause an irreparable situation as well as
constitute conduct incompatible with the object and purpose of the Convention.5
10.
That the situation described in the present case (supra Having Seen 2, 3, 7, and 8)
reveals prima facie the possible existence of a situation of extreme gravity and urgency,
rendering it necessary to avoid irreparable damage to the right to life and physical integrity
of Mr. Tyrone DaCosta Cadogan.
11.
That the adoption of these provisional measures does not entail a decision on the
6
merits of the controversy.
3
Cf. Matter of Giraldo Cardona. Provisional Measures regarding Colombia. Order of the President of the
Inter-American Court of October 28, 1996. Considering clause seven; Matter of Colotenango. Provisional Measures
regarding Guatemala. Order of the Inter-American Court of Human Rights of July 12, 2007. Considering clause
four; and Case of the Mayagna (Sumo) Awas Tingni Community. Provisional measures regarding Nicaragua. Order
of the Inter-American Court of Human Rights of November 26, 2007. Considering clause four.
4
Cf. Case of Boyce et al. v. Barbados. Preliminary Objection, Merits, Reparations and Costs. Judgment of
November 20, 2007. Series C Nº. 169, para. 113.
5
Cf. Matter of James et al. Provisional measures regarding Trinidad and Tobago. Order of the InterAmerican Court of Human Rights of June 14, 1998. Considering clause eight; Matter of Tyrone DaCosta Cadogan.
Provisional Measures regarding Barbados. Order of the President of the Inter-American Court of Human Rights of
November 4, 2008. Considering clause ten; and Matter of Boyce and Joseph. Provisional measures regarding
Barbados. Order of the Inter-American Court of Human Rights of July 14, 2005. Considering clause eight.
6
Cf. Matter of James et al. Provisional measures regarding Trinidad and Tobago. Order of the President of
the Inter-American Court of Human Rights of July 13, 1998. Considering clause six; Matter of Tyrone DaCosta
Cadogan, supra note 5, Considering clause twelve; and Matter of Capital El Rodeo I & El Rodeo II Judicial