6
Convention and Article 25 of the Rules of Procedure. Consequently, the Commission
requested that the Court order the State: i) to take “all measures necessary to
preserve the life and physical integrity of Michael Huggins, so as not to hinder the
processing of his case before the Inter-American system”, and that “said measures
include the urgent adoption of all actions necessary to stay the execution scheduled
for Monday, 23 May 2005”; and ii) to “inform the Court concerning the measures
taken to comply with the present request.”
21.
The Order of May 20, 2005 issued by the President of the Court, which
decided:
1.
To require the State to adopt, without delay, all of the necessary measures to
preserve the life and physical integrity of Michael Huggins, so as not to hinder the processing
of his case before the Inter-American system.
2.
To require the State, pursuant to the Court’s Order of November 25, 2004 and the
President’s Order of February 11, 2005, to maintain all of the necessary measures to
preserve the life and physical integrity of Lennox Boyce, Jeffrey Joseph, and Frederick Atkins,
so as not to hinder the processing of their cases before the Inter-American system.
3.
To require the State to inform the Inter-American Court, within 10 days of the
notification of the […] Order, regarding the steps it has taken in fulfillment of th[e] Order.
4.
To require the representatives of the beneficiary of the present urgent measures to
submit their observations on the State’s report within five days of its reception, and to
require the Commission to submit its observations on the State’s report within seven days of
its reception.
5.
To require the State, after the submission of its first report, to continue informing
the Court every two months regarding the measures it adopts with respect to Messrs.
Huggins, Atkins, Boyce and Joseph, and to require the representatives of the beneficiaries of
the present provisional measures and the Commission to submit their observations on those
State reports within four and six weeks, respectively, of the reception of such reports.
[…]
22.
The communication of May 27, 2005, in which the State submitted a report in
response to the President’s Orders of May 20 and February 11, 2005 and the Court’s
Order of November 25, 2004. Barbados advised the Tribunal that “the alleged
victims Lennox Boyce, Jeffrey Joseph, Frederick Atkins and Michael Huggins remain
incarcerated in Barbados, West Indies, and have not been executed.” Furthermore,
the State once again reiterated the terms of its December 16, 2004 letter (supra
fourth “Having Regard To”).
23.
The communication of June 3, 2005, in which the Commission submitted its
observations on the State’s report of May 27, 2005. In addition to reiterating
comments made in its February 25, 2005 submission to the Court (supra fifteenth
“Having Regard To”), the Commission advised that on May 31, 2005, the Court of
Appeal of Barbados commuted the death sentences of Messrs. Boyce and Joseph to
life imprisonment. However, the Commission indicated that the State is considering
an appeal of said decision to the Caribbean Court of Justice, which possibly could
restore the original death sentences. In consequence, the Commission requested
the Court to maintain the current provisional measures in favor of Lennox Boyce,
Jeffrey Joseph, Frederick Atkins, and Michael Huggins.
WHEREAS:
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