A Proposed Work in Progress Presentation for NORTHEAST PEOPLE OF COLOR SCHOLARSHIP CONFERENCE by
Jane E. Cross Associate Professor of Law and Director of Caribbean Law Programs, Nova Southeastern University Shepard Broad Law Center
Basic Thesis
In resolving this paradox, the CCJ is once again engaging in a human rights compromise. 1. While the Caribbean seeks to observe human rights, it remains anchored to the past. 2. As long as the mandatory death penalty is constitutional, post-conviction procedure remains the principal human rights safeguard.
CCJ Case
The two issues before the CCJ were 1. whether the BPCs decision was reviewable under the Barbados Constitution and 2. whether the BPCs failure to await the outcome of the IACHR petition violated Josephs and Boyces right to protection under the law.
CCJ Holdings
The CCJ held that 1. the BPCs exercise of the prerogative of mercy is reviewable. 2. the failure of the BPC to await the outcome of the petition to the IACHR was a contravention of the right to the protection of the law.
2.