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.