38
5(1) and 5(2) of the American Convention on Human Rights, in relation to Article 1(1)
thereof, in the terms of paragraphs 103 to 116 of this Judgment.
AND DECIDES:
Unanimously that:
5.
This Judgment constitutes, per se, a form of reparation, in the terms of paragraph
126 hereof.
6.
The State shall formally commute the death sentence of Michael McDonald Huggins
within six months from the date of notification of the present Judgment, in the terms of
paragraphs 127(a) and 128 of this Judgment.
7.
The State shall adopt, within a reasonable time from the date of notification of the
present Judgment, such legislative or other measures as may be necessary to ensure that
the imposition of the death penalty does not contravene the rights and freedoms
guaranteed under the Convention, and in particular, that it is not imposed through
mandatory sentencing, in the terms of paragraphs 127(b) and 128 hereof.
8.
The State shall adopt, within a reasonable time from the date of notification of the
present Judgment, such legislative or other measures necessary to ensure that the
Constitution and laws of Barbados are brought into compliance with the American
Convention, and, specifically, remove the immunizing effect of section 26 of the Constitution
of Barbados in respect of “existing laws”, in the terms of paragraphs 127(c) and 128 hereof.
9.
The State shall adopt and implement, within a reasonable time from the date of
notification of the present Judgment, such measures necessary to ensure that the conditions
of detention in which the victims in this case are held comply with the requirements of the
American Convention, in the terms of paragraphs 127(d) and 128 hereof.
10.
The State’s obligations in the context of the provisional measures ordered by the
Court in the instant case are replaced by those ordered in this Judgment, as of the date on
which it is notified, in the terms of paragraph 129 hereof.
11.
The State shall make the payment for reimbursement of costs and expenses within
six months of notification of this Judgment, in the terms of paragraphs 133 to 136 hereof.
12.
It shall monitor full compliance with this Judgment, in exercise of its attributes and in
compliance with its obligations under the American Convention, and shall close this case
when the State has complied fully with its terms. Within one year of notification of the
Judgment, Barbados shall provide the Court with a report on the measures adopted to
comply with it.
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