4
stay. Thus, the Commission observed that, while a person in Mr. Cadogan’s situation
may have a legitimate expectation that the sentence will not be executed, he does
not have a right not to be executed; and
c)
the State has not provided any information on the concrete application of that
decision to the specific case of Mr. Cadogan. Thus, the Commission considered that
there is no guarantee or even a specific undertaking that warrants of execution will
not be issued at the discretion of the State.
Considering:
1.
That Barbados has been a State Party to the American Convention since November
27, 1982 and, in accordance with Article 62 thereof, recognized the contentious jurisdiction
of the Inter-American Court on June 4, 2000.
2.
That Article 63(2) of the American Convention establishes that, “[i]n cases of
extreme gravity and urgency, and when necessary to avoid irreparable damage to persons,
the Court shall adopt such provisional measures as it deems pertinent in matters it has
under consideration. With respect to a case not yet submitted to the Court, it may act at
the request of the Commission.”
3.
That in relation to this issue, Article 25 of the Rules of Procedure establishes that:
1. At any stage of the proceedings involving cases of extreme gravity and urgency, and when
necessary to avoid irreparable damage to persons, the Court may, at the request of a party or on
its own motion, order such provisional measures as it deems pertinent, pursuant to Article 63(2) of
the Convention.
2. With respect to matters not yet submitted to it, the Court may act at the request of the
Commission.
3. In contentious cases already submitted to the Court, the victims or alleged victims, their next of
kin, or their duly accredited representatives, may present a request for provisional measures
directly to the Court.
[…]
4.
That on October 31, 2008, the Commission filed an application with the Court
regarding case No. 12.645 (Tyrone DaCosta Cadogan) (supra Having Seen 5), based on the
subject-matter of the request for provisional measures, which was notified to the State on
November 17, 2008.
5.
That Article 1(1) of the Convention establishes the general obligation of States
Parties to respect the rights and freedoms recognized therein and to ensure the full and free
exercise of those rights and freedoms to every person subject to their jurisdiction; this duty