34
are evident, and thus orders that they be reimbursed. Additionally, the Court deems it
pertinent to order the payment of an amount corresponding to the future expenses that
may arise in domestic proceedings or during the monitoring of the State’s compliance with
this Judgment. Therefore, the Tribunal considers reasonable to order the State to reimburse
the amount, in equity, of US$ 18,000.00 (eighteen thousand United States dollars) for the
costs and expenses related to the present case, including future expenses related to the
monitoring of compliance with this Judgment. Considering that the victim is currently in
prison in Barbados and some of his legal representatives work in England, the State shall
pay that amount directly to the representatives, within one year as of the notification of the
present Judgment.
C(iii)
Terms of compliance of the payments ordered
122. The amount set forth in the present Judgment as reimbursement of costs and
expenses may not be affected, reduced, or conditioned by tax laws currently in force or
taking effect in the future.
123. The State may fulfill its pecuniary obligations by tendering United States Dollars or
an equivalent amount in Barbadian dollars, which will be calculated according to the
exchange rate at the New York stock exchange, United States of America, that is in effect
on the day before payment is made.
124. If the State falls in arrears, Barbadian banking default interest rates shall be paid on
the amount owed.
X
PROVISIONAL MEASURES
125. On October 31, 2008, the Inter-American Commission submitted to the Court, in
accordance with Articles 63(2) of the Convention and 25 of the Court’s Rules of Procedure in
effect at that time, a request for the adoption of provisional measures in favor of Mr.
DaCosta Cadogan, who was sentenced to death in Barbados, so that “Barbados take all
measures necessary to preserve [his] life and physical integrity […], so as not to hinder the
processing of his case […] before the Inter-American System.” On November 4, 2008, the
President issued an Order requiring the State to adopt urgent measures of protection.93 On
December 2, 2008, the Tribunal decided “[t]o ratify all the terms of the Order of the
President […] of November 4, 2008, […] and to require the State to maintain the provisional
measures necessary to protect the life and physical integrity of Mr. Tyrone DaCosta
Cadogan, so as not to hinder the processing of his case before the Inter-American
system.”94
126. As of the date of this Judgment, the State has not executed the beneficiary of the
provisional measures ordered by this Tribunal.
127. The Court had ordered the State to adopt provisional measures on behalf of Tyrone
DaCosta Cadogan for the purpose of preserving his “life and physical integrity […] so as not
to hinder the processing of his case before the Inter-American system” (supra paras. 125).
Since his case has been heard by this Tribunal, pursuant to its contentious jurisdiction,
which has already declared that the State violated the American Convention to the
93
Order issued by the President of the Inter-American Court on November 4, 2008.
94
Order issued by the Inter-American Court on December 2, 2008.