Resolution No. 34 IACHR. Precautionary Measure No. 1046/17 (Barbados), 05-05-2018

• Case Outcome: Granted
• Case Type: Precautionary Measures
• Respondent State: Barbados
• Date: 05 May 2018
• Court: Inter-American Comission of Human Rights
• Resolution Number: 34

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INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

RESOLUTION 34/2018

Precautionary Measures No. 1046-17

C.A.G. regarding Barbados

May 5th, 2018

I. INTRODUCTION

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

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

precautionary measures presented by Clyde Anderson Grazette (hereinafter “the applicant” or “the

proposed beneficiary

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”), urging the IACHR to request that the S. of Barbados (hereinafter “the S.”

or “Barbados”) adopt precautionary measures to protect his right to life and personal integrity.

According to the request, the proposed beneficiary is in the prison "Her Majesty's Prisons, Dodds, St.

P." having been convicted and sentenced to the obligatory imposition of the death penalty by

hanging, and is currently on death row. The request is related to petition 2456-17 alleging violations of

the American Convention on Human Rights and other international treaties.

2. The C.on requested information from the S. on March 8, 2018. T.S., to date, has

not responded.

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

C.on considers that Mr. Grazette is prima facie in a serious and urgent situation, since his rights

to life and personal integrity are at risk. C., in accordance with Article 25 of the Rules of

Procedure, the C.on requests that the S. of Barbados: a) Refrain from executing the death

penalty imposed on Mr. Grazette until the C.on has ruled on his petition; b) Adopt the necessary

measures to preserve the life and personal integrity of Mr. Grazette, especially due to the impact that

death row may have on his personal integrity, which may include transferring the proposed beneficiary

to another detention center that meets the corresponding international standards; and c) A. upon the

measures to be adopted with the beneficiary and his representatives.

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

1. Information provided by the applicant

4. The proposed beneficiary indicates that he was arrested for homicide, on May 13, 2002. On

November 21, 2006, he was declared guilty and sentenced to death by "hanging." The proposed

beneficiary appealed that decision, which was confirmed in September of 2008. A new appeal was filed

before the C.C. of Justice, which was heard and dismissed on February 8, 2009, “but granted

[him] permission to appeal the mandatory death sentence.”

5. In this regard, the petitioner indicated that a hearing was scheduled for March 31, 2009, but the

"then Director of Public Accusations for the Island of Barbados" agreed to postpone the matter of

sentencing until a law was passed to abolish the death penalty in Barbados.

6. The proposed beneficiary indicated that he has been on death row for 11 years and awaiting the

aforementioned law for 8 years. He added that he had written letters to different authorities, without

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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 beneficiary was attached. The date on the communication sent by the prison is October 11, 2017.