2
3.
The brief of March 30, 2009, whereby the representatives of the victims presented
their observations on the report submitted by the State (supra Having Seen clause 2).
4.
The brief of March 25, 2009, whereby the Commission presented its observations on
the report submitted by the State (supra Having Seen clause 2).
AND HAVING SEEN
5.
The Judgment on preliminary objections, merits, reparations, and costs delivered in
the Case of DaCosta Cadogan v. Barbados by the Inter-American Court on September 24,
2009 (hereinafter “the DaCosta Cadogan Judgment” or “DaCosta Cadogan”), whereby it
decided that:
9.
The State shall adopt, within a reasonable time […], the legislative or other measures
necessary to ensure that the Constitution and laws of Barbados, particularly Section 2 of the Offences
Against the Person Act and section 26 of the Constitution, are brought into compliance with the
American Convention[;]
10.
The State shall ensure that all persons accused of a crime whose sanction is the
mandatory death penalty will be duly informed, at the initiation of the criminal proceedings against
them, of their right to obtain a psychiatric evaluation carried out by a state-employed
psychiatrist[…][;]
11.
The State shall set aside and not carry out the death penalty imposed on Tyrone DaCosta
Cadogan and provide him, within a reasonable time and […] 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.
This 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[;]
12.
The State shall not impose a sentence of death on Mr. DaCosta Cadogan under the new
legislative measures ordered [in the Judgment][;]
13.
The State shall make the payment for reimbursement of costs and expenses established in
[the] Judgment […].
6.
The brief of October 27, 2010, whereby the State reported on its compliance with the
DaCosta Cadogan Judgment (supra Having Seen clause 5).
7.
The brief of June 23, 2011, whereby the representatives of the victims presented
their observations on the report submitted by the State (supra Having Seen clause 6).
8.
The brief of May 11, 2011, whereby the Commission presented its observations on
the report submitted by the State (supra Having Seen clause 6).
CONSIDERING THAT:
1.
Monitoring compliance with its decisions is an inherent power of the judicial functions
of the Court.
2.
Barbados became a State Party to the American Convention on Human Rights
(hereinafter "the American Convention" or "the Convention") on November 27, 1982, and
acknowledged the compulsory jurisdiction of the Court on June 4, 2000.