8
effective compliance with this obligation. In this regard, the Court recalls that the United
Nations Standard Minimum Rules for the Treatment of Prisoners indicate that “Every
prisoner who is not employed in outdoor work shall have at least one hour of suitable
exercise in the open air daily if the weather permits,”14 and that “Prisoners shall be allowed
under necessary supervision to communicate with their family and reputable friends at
regular intervals, both by correspondence and by receiving visits.”15 In light of the
foregoing, the Court finds that the State has partially complied with the present order.
B.3. Obligation to pay the amounts established in the Boyce Judgment for
reimbursement of costs and expenses (Operative Paragraph eleven of the Boyce
Judgment)
26.
The State reported that “[a]rrangements are being made” for the payment of costs
and expenses in the amount of USD $27,000.00 (twenty seven thousand dollars of the
United States of America), plus interest, to the representatives. According to the State, the
payment of these sums has already “been authori[z]ed at the Ministerial level,” and the
representatives have submitted, upon request, “the required account information to
facilitate payment by wire.” The State further averred that it would “shortly” inform the
Court on the completion of this transaction.
27.
The representatives acknowledged receipt of US$ 27,000.00 (twenty seven thousand
dollars of the United States of America) from the State as reimbursement of costs and
expenses.
28.
The Commission noted that the payment of costs and expenses was due “on June
17, 2008,” and, therefore, “‘interest [must] be paid on the amount owed.’”
29.
In light of the statements of the parties, and, in particular, the acknowledgment of
the representatives, the Court finds that this order has been complied with.
C.
ORDERS PECULIAR TO THE DACOSTA CADOGAN JUDGMENT
C.1. Obligation to inform all persons accused of a crime subject to mandatory
capital punishment of the right to obtain a psychiatric evaluation by a Stateemployed psychiatrist (Operative Paragraph ten of the DaCosta Cadogan
Judgment)
30.
The State averred that a committee16 charged with considering this issue decided
that “the best procedural moment for the provision of such information would be at the
14
United Nations, Standard Minimum Rules for the Treatment of Prisoners, 30 August 1955, Rule 21(1).
Available at: http://www.unhcr.org/refworld/docid/3ae6b36e8.html.
15
United Nations, Standard Minimum Rules for the Treatment of Prisoners, supra note 14, Rule 37.
Additionally, this Court has stated that “An inmate’s right to personal privacy and to the privacy of his family life
may be restricted. This restriction of rights is a consequence or collateral effect of the deprivation of liberty, but
must be kept to an absolute minimum since, under international law, no restriction of a human right is justifiable in
a democratic society unless necessary for the general welfare.” Cf. Case of the "Juvenile Reeducation Institute" v.
Paraguay. Preliminary Objections, Merits, Reparations, and Costs. Judgment of September 2, 2004. Series C No.
112, para. 154.
16
This Committee was made up of members of the Solicitor General's Chambers, the Ministry of Foreign
Affairs, the Office of the Attorney General, the Office of the Director of Public Prosecutions, and an advisor on