32 on Tyrone DaCosta Cadogan. Furthermore, the State must provide him, without the need for a new trial, a hearing for the judicial determination of the appropriate sentence in his case, in consideration of the particular characteristics of the crime and the participation and degree of culpability of the defendant. All of the above must be carried out under the new legislative framework applicable in Barbados as a result of the legislative measures ordered by this Tribunal in order to ensure that the imposition of the death penalty does not violate the rights and liberties guaranteed in the Convention (supra para. 104). 110. In light of the violations declared in the present Judgment, the Court also orders, as an additional measure of reparation, that the State shall not impose a sentence of death on Mr. DaCosta Cadogan under the new legislative measures that the Court has ordered it to adopt. C) C(i) Costs and expenses Material and immaterial damages 111. The Court has developed the concepts of material and immaterial damages, and indicated the circumstances under which these categories of damage must be redressed.90 112. The Court observes enrich the […] victim, but [the representatives did] Likewise, the Commission immaterial damages. that, “in order to emphasize that this action [was] brought not to rather to preserve his life and to secure his humane treatment, not seek financial compensation in respect of any violations.” submitted no arguments to the Tribunal regarding material or 113. The State “expressly denie[d] that compensation is required by law or that it is either necessary or appropriate in this case.” It emphasized that the representatives had “expressly waived” claims to compensation, and that the Commission “d[id] not request monetary damages in its [a]pplication.” The State also submitted that “the Court must accord the greatest respect to the will of the [p]etitione[r] regarding such matters,” adding that doing so “is the accepted practice in international and regional human rights tribunals.” Furthermore, the State argued that in cases such as these, “a judgment of the Court per se would amount to full and complete satisfaction of any wrong[,] and no compensation is required.” 114. The Court acknowledges that the representatives and the Commission have not requested monetary compensation in the present case. The Tribunal also considers that the appropriate measures to redress the violations declared in the present Judgment must be those that provide satisfaction for the injured party and that guarantee the non-repetition of such violations. Therefore, no compensation will be ordered. 90 This Tribunal has established that material damages include “the loss or detriment to the income of the victims, the expenses they have incurred due to the facts of the case, and the pecuniary consequences that have a causal nexus with the facts of the case.” Case of Bámaca-Velásquez v. Guatemala. Reparations and Costs. Judgment of February 22, 2002. Series C No. 91, para. 43; Case of Escher et al., supra note 6, para. 224, and Case of Acevedo Buendía et al. (“Discharged and Retired Employees of the Office of the Comptroller”), supra note 6, para. 115. This Tribunal has also established that inmaterial damage “can include the suffering and affliction caused to the direct victim and to those close to him, infringement of significant values, and alterations of a nonpecuniary character in the living conditions of the victim or his or her family.” Case of the “Street Children” (Villagrán-Morales et al.), supra note 86, para. 84; Case of Escher et al., supra note 6, para. 224, and Case of Acevedo Buendía et al. (“Discharged and Retired Employees of the Office of the Comptroller”), supra note 6, para. 118.

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