4
legislative or other measures necessary in order to bring the Barbadian Constitution and
domestic laws on the death penalty into compliance with the American Convention. Given
these common orders against the same State, as well as the fact that the same parties
represent the victims in both cases,6 the Court finds it appropriate to issue a single Order
analyzing the State's compliance with both of the Judgments mentioned.
A.
ORDERS COMMON TO THE BOYCE AND DACOSTA CADOGAN CASES
A.1. The obligation to adopt legislative or other measures necessary to
ensure that the imposition of the death penalty does not contravene the
American Convention, and in particular, that is not imposed through
mandatory sentencing (Operative Paragraph seven of the Boyce Judgment);
and to ensure that the laws of Barbados, particularly Section 2 of the
Offences Against the Person Act, are brought into compliance with the
Convention (Operative Paragraph nine of the DaCosta Cadogan Judgment)
9.
The Court notes, as a preliminary matter, that Section 2 of the Offences Against the
Person Act of Barbados imposes the death penalty for the crime of murder through
mandatory sentencing7 and was found to be contrary to the Convention in both the Boyce8
and DaCosta Cadogan9 cases. Therefore, the Court finds it appropriate to analyze Operative
Paragraph seven of the former Judgment, which requires the repeal of the mandatory death
penalty, together with Operative Paragraph nine of the latter Judgment, which requires this
repeal through the amendment of Section 2 of the abovementioned Act.
10.
With respect to the Boyce case, the State reported that it had decided to abolish the
mandatory aspect of the death penalty. To this end, the State indicated that it intended to
institute legislative changes and that it would forward evidence of these changes to the
Court as soon as they became available. However, in its report on compliance with the
DaCosta Cadogan Judgment, the State indicated that a “Committee to Study the
Ramifications of Repealing Section 26 of the Constitution” (hereinafter, “Committee”) had
been formed in order to consider, inter alia, the legislative changes necessary to repeal the
mandatory death penalty. In a meeting held on October 14, 2010, the Committee
considered three draft bills.10 According to the State, these would require, among other
things, “endorsement by the Attorney General, approval by the Cabinet, acceptance and
enactment into law by the Parliament, and promulgation by the Governor General” in order
to become law. Additionally, the State noted that the draft legislation would provide for “the
judicial determination of [the] sentence of any person who was convicted of murder and
sentenced to death prior to the date of entry into force of [what is now] draft legislation.
6
Saul Lehrfreund and Parvais Jabbar of the Law Firm of Simons Muirhead & Burton represent the victims in
both the Boyce and DaCosta Cadogan cases. In the case of DaCosta Cadogan, the victim was also represented by
Alair Shepherd Q.C., Douglas Mendez S.C., Tariq Khan, Ruth Brander, and Alison Gerry.
7
That is, it establishes the death penalty as the only possible sentence for the crime of murder and does
not allow the imposition of a lesser sentence in consideration of the particular characteristics of the crime or the
participation and degree of culpability of the defendant. Cf. Case of Boyce et al. v. Barbados. Preliminary Objection,
Merits, Reparations, and Costs. Judgment of November 20, 2007. Series C No. 169, para. 57.
8
Cf. Case of Boyce et al. v. Barbados. Preliminary Objection, Merits, Reparations, and Costs, supra note 7,
para. 72.
9
Cf. Case of DaCosta Cadogan v. Barbados. Preliminary Objections, Merits, Reparations, and Costs.
Judgment of September 24, 2009. Series C No. 204, para. 51.
10
The “Constitution (Amendment) Bill, 2010,” the “Offences Against the Person (Amendment) Bill, 2010,”
and the “Penal System Reform (Amendment) Bill, 2010.”