Resolution No. 33 IACHR. Precautionary Measure No. 1047/17 (Barbados), 05-05-2018

• Case Outcome: Granted
• Respondent State: Barbados
• Date: 05 May 2018
• Court: Inter-American Comission of Human Rights
• Resolution Number: 33

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INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

RESOLUTION 33/2018

Precautionary Measures No. 1047-17

D.O.S. and J.S.a N.s regarding Barbados

May 5, 2018

I. INTRODUCTION

1. On N. 13, 2017, the Inter-American Commission on Human Rights (hereinafter “the

Inter-American Commission,” “the Commission,” or “the I ACHR”) received a handwritten request for

precautionary measures presented by Dwayne O.S. and J.S.ia N.s (hereinafter

“the applicants” or “the proposed beneficiaries”

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), urging the IACHR to request that the S. of

Barbados (hereinafter “the S.” or “Barbados”) adopt precautionary measures to protect their right to

life and personal integrity. According to the request the proposed beneficiaries are in the prison "Her

Majesty's Prisons, Dodds, St. P. ," having been convicted and sentenced to the mandatory imposition

of the death penalty by hanging, and are currently on death row. The request is related to petition 2457-

17 alleging violations of the American Convention on Human Rights and other international

instruments.

2. The Commission requested information from the S. on March 8, 2018. The S. responded

on April 4 and 6, 2018.

3. After analyzing the legal and factual allegations presented, as well as their specific context, the

Commission considers that Messrs. Dwayne O.S. and J.S.a N.s are prima facie

in a serious and urgent situation, since their rights to life and personal integrity are at risk.

C., in accordance with Article 25 of the Rules of Procedure, the Commission requests that the

S. of Barbados: a) Refrain from carrying out the death penalty on M.D.O.S. and

J.S.N. until the IACHR has ruled on their petition; b) Adopt the necessary measures

to preserve the lives and personal integrity of Messrs. D.O.S. and J.S.a

N.s, especially considering the impact that death row is allegedly causing to their personal integrity,

which may include transferring the proposed beneficiaries to another detention center that meets the

corresponding international standards; and c) A. upon the measures to be adopted with the

beneficiaries and their representatives.

II. SUMMARY OF THE FACTS AND ARGUMENTS PROVIDED BY THE PARTIES

1. Information provided by the applicants

4. With regard to Mr. J.S.N., the request indicates that he was arrested on August 22nd,

2007, for a murder in N. of the previous year. On February 21st, 2012, he was found guilty and

sentenced to death by hanging. The proposed beneficiary appealed that decision, and the appeal was

dismissed on May 17th, 2017. In relation to Mr. D.O.S., he was detained on December 9th,

2009 for a murder that occurred on N. 30th, 2009. On May 24th, 2014, the proposed beneficiary

was found guilty and sentenced to death. The proposed beneficiary appealed that decision, and the

appeal was dismissed on May 17th, 2017.

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The request arrived by postal mail sent by the "Barbados Prison Service" of "Her Majesty's Prisons Dodds" to which the communication of the

proposed beneficiaries was attached. The date of the communication sent by the prison is October 17, 2017.