9 initiation of the criminal proceeding - at the arraignment hearing (the moment when the individual is formally charged with the capital offence in a court of law).” The State further noted that the Chief Justice of Barbados has been informed of the obligations imposed by the Judgment of the Inter-American Court. 31. The representatives “welcome[d] the State's willingness to provide individuals accused of crimes subject to mandatory capital punishment with access to psychiatric evaluations.” However, they requested that the State provide “detailed information o[n] how this policy has been implemented, and [on whether] it has already been applied to any cases.” 32. The Commission welcomed the efforts of Barbados to comply with this order, but indicated that it lacked information on “the practical effects of providing such information in the prevention of similar occurrences.” 33. The Court finds the decision made by the State in order to ensure the fulfillment of this obligation to be a positive step. However, the Court finds it necessary to request further information from the parties on whether the measure decided upon has already been applied and on how it is functioning, if applicable. Therefore, the Court finds that this obligation has been partially fulfilled. C.2. Obligation to set aside the death penalty imposed on Tyrone DaCosta Cadogan and to provide him a hearing for the judicial determination of the appropriate sentence in his case under the new legislative framework applicable in Barbados as a result of the legislative measures ordered by the Inter-American Court (Operative Paragraph eleven of the DaCosta Cadogan Judgment); and the Obligation to refrain from imposing a sentence of death on Mr. DaCosta Cadogan under the new legislative measures ordered in the Judgment (Operative Paragraph twelve of the DaCosta Cadogan Judgment) 34. The State highlighted that its draft legislation abolishing the mandatory death penalty (supra Considering clause 10) provides for the judicial determination, at a review hearing, of the sentence of any person convicted of murder and sentenced to death prior to the date of entry into force of that legislation. According to the State, the legislation “further provides that a person whose sentence is reviewed […] shall not be subjected to a sentence of death.” Thus, Mr. Cadogan will be provided with a re-sentencing hearing “[a]s soon as the legislative changes have been enacted.” 35. The representatives “welcome[d] the State’s willingness to comply” with this order of the Court. However, they requested that the State “provide information regarding the procedure for quashing Mr. DaCosta Cadogan’s death sentence, as well as the timeline for enacting the proposed legislation.” 36. The Commission welcomed “the willingness expressed by the State,” but requested further information on how the proposed changes will be “codified in law and put into practice,” as well as on the “time frame in which this legislative development could take place.” international law. According to the State, members of the Office of the Chief Parliamentary Counsel were also consulted.

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