Tyrone DaCosta Cadogan v. Barbados (Preliminary Objections, Reparations, Costs) IACtHR Series C No 204 (24 December 2009)

Tyrone DaCosta Cadogan was handed a mandatory death sentence for murder.  The commission of the crime took place while he was under the influence of alcohol and occurred so Mr. Cadogan could purchase more alcohol.  The State Court did not request psychiatric assessments attesting to his alcohol dependency and therefore did not become a factor of clear consideration for the jury.  The Court held, the omission of the Court proceedings to evaluate his mental health and consider his diminished criminal responsibility based on alcohol dependency and a personality disorder was a violation of a right to a fair trial.  Fair trial standards in death penalty cases must be held to the highest level of procedural scrutiny.  Separately, the Court also held mandatory death sentences contravene the right to life.