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.

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