7
legal representation – were definitively dismissed by the Caribbean Court of Justice in the
[p]etitioner’s appeal.” Thus, “the State […] submit[ted] that […] the [p]etition [i]s
inadmissible.”
22.
In this regard, “the Commission consider[ed] that the arguments submitted by the
State do not give rise to the need for observations from it on this matter.”
23.
The representatives contended that “[Mr. Cadogan’s] complaints go far beyond the
simple allegation that the CCJ’s decision was wrong or unjust.” The alleged victim
“contended that [his] treatment during the course of [the] trial in relation to the defense of
diminished responsibility and the inadequacy of his legal representation constitute violations
of his Convention rights.” Thus, the alleged victim “ask[ed] the Court to determine whether
the State of Barbados is responsible for the violation of the American Convention, a matter
which clearly falls within the jurisdiction ratione materiae of the Court.”
24.
This Court considers that the application submitted by the Inter-American
Commission does not seek to review the judgments of domestic courts or of the Caribbean
Court of Justice, but rather seeks a pronouncement that the State violated several precepts
of the American Convention to the detriment of Mr. Cadogan, including the right to a fair
trial and the right to life. On numerous occasions, this Tribunal has held that clarification of
whether the State has violated its international obligations owing to the actions of its
judicial bodies may lead to a situation in which the Court must examine the respective
domestic proceedings in order to establish their compatibility with the American Convention.
In light of this, the consideration of domestic proceedings must take into account all
decisions, including those of the courts of appeal, and in this case the Caribbean Court of
9
Justice.
25.
Consequently, the Court considers that the claims relating to the alleged victim’s
diminished responsibility for the crime of murder and the effectiveness of his legal
representation are questions directly linked to the merits of the controversy that may be
examined by this Tribunal in light of the American Convention without contravening the
“fourth instance” rule. The preliminary objection is therefore dismissed.
C)
The Commission as a Party in this Process
26.
The State emphasized “that all of the complaints in the present case [that] are
identified by the Commission in its [a]pplication, except one aspect of the relief requested,
have been resolved by the State.” “[T]he State submit[ed] that [the] only […] outstanding
issue [is] that of commutation[, and argued that the] process for such relief may at any
time be initiated [domestically] by the [p]etitioner himself.” Thus, “the only complainant
with juridical personality to appear before the Court no longer has any substantive basis of
complaint under Inter-American human rights norms.” Therefore, the State submitted “that
the case should be withdrawn by the Commission, or struck out on the Court’s own
initiative.”
27.
“[T]he Commission considere[d] that the willingness expressed by the State to
abolish mandatory [death] sentencing and to repeal the ‘savings clause’ represents an
important step forward in the process of bringing domestic law and practice into compliance
9
Cf. Case of the “Street Children” (Villagrán-Morales et al.) v. Guatemala. Merits. Judgment of November
19, 1999. Series C No. 63, para. 222; Case of Escher et al., supra note 6, para. 44, and Case of Chaparro Álvarez
and Lapo Íñiguez v. Ecuador. Preliminary Objection, Merits, Reparations, and Costs. Judgment of November 21,
2007. Series C No. 170, paras. 22-23.