We continue to develop appropriate legal strategies designed to ensure that any imposition and application of the death penalty complies with international human rights law. This takes place at national level, in criminal and constitutional proceedings, but also frequently at the international level, in individual and group applications to international human rights bodies such as the UN Human Rights Committee, the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights, and the African Commission on Human and People's Rights.

The Inter-American Court of Human Rights

The Inter-American Court of Human Rights, in San José, Costa Rica, is an autonomous judicial institution of the Organization of American States established in 1979, whose objective is the application and interpretation of the American Convention on Human Rights and other treaties concerning this same matter.

In 2007, we represented four prisoners under sentence of death in Barbados before the Inter-American Court of Human Rights in Costa Rica. This case (Boyce et al -v- Barbados) alleged violations of the American Convention on Human Rights on behalf of four prisoners, one of whom had died in custody. The main issues included the application of the mandatory death penalty, savings clauses, prison conditions and hanging as a method of execution. In November 2007, the Court found that the mandatory death sentence imposed on all those convicted of murder in Barbados violates the right to life, as it is arbitrary and fails to limit the application of the death penalty to the most serious crimes. The Court further found that the prison conditions endured by the applicants constituted cruel, inhuman and degrading treatment in violation of the American Convention on Human Rights. See Press Releases for further information.

On 3 February 2009, the Government of Barbados finally submitted its Compliance Report on the measures adopted to comply with the judgment of the Court in this case (Boyce et al v Barbados).  The State Party have confirmed their intention to comply with the Order of the Court in full. Barbados has commuted the death sentence of Michael Huggins who had remained under sentence of death in Barbados. Barbados has also undertaken to abolish the mandatory aspect of the death penalty and will repeal the Savings Clause contained in s.26 of the Constitution, which has for so long prevented the domestic courts from declaring the existing laws unconstitutional.

The efforts made by the State of Barbados to comply with the judgment issued by the Court are extremely welcome.  The willingness expressed by the State to abolish mandatory sentencing and to repeal the “savings clause” represents an important step forward in the process of bringing domestic law and practice into compliance with the standards of the American Convention on Human Rights. See Press Release for further information.  This case was of seminal importance to the future of the death penalty in Barbados as defined by its obligations under international law.

We continue to monitor the situation in Barbados and advise prisoners facing the death penalty, and in collaboration with attorneys from Barbados and Trinidad, we represented Tyrone DaCosta Cadogan -v- Barbados (Mr Cadogan was sentenced to the mandatory death penalty) before the Inter-American Commission on Human Rights and thereafter before the Inter-American Court of Human Rights seeking to ensure Barbados' compliance with the Court's earlier ruling in the case of Boyce et al.  In October 2008, the Inter-American Court of Human Rights granted provisional measures to protect Mr Cadogan from execution whilst his case remains pending determination before the Court.  We were able to obtain fresh medical evidence by instructing Dr Timothy Green, a clinical psychologist (on a pro bono basis) to travel to Barbados, assess the alleged victim and prepare a detailed psychology report. Dr Green’s Report was submitted to the Inter-American Court of Human Rights as evidence indicating that Mr Cadogan is mentally impaired, and therefore unlawfully under sentence of death. Expert evidence was also provided by Edward Fitzgerald CBE QC and Professor Nigel Eastman.

On 1 July 2009, the case was heard at the Seat of the Court in San Jose, Costa Rica. The State was represented at the hearing by the Director of Public Prosecutions and the Solicitor-General of Barbados. Douglas Mendes SC, Saul Lehrfreund and Parvais Jabbar represented the alleged victim at the hearing. On the 24th of September 2009, the Court ruled that the mandatory death penalty imposed upon all persons convicted of murder in Barbados was a violation of the right to life, due to its arbitrary nature and failure to limit the death sentence to the most serious crimes. The Court therefore ordered that the death sentence imposed upon Mr. Cadogan be lifted and ordered a hearing for his re-sentencing.  Please see our press release for further details.  

For a full list of cases of cases that we have worked on at the Inter-American Court, the Inter-American Commission, and the UN Human Rights Committee, please click here.