CCJ strikes down mandatory death penalty in Barbados

BRIDGETOWN, Barbados, CMC – The Trinidad and Tobago-based Caribbean Court of Justice (CCJ) has ruled that the mandatory death penalty in Barbados is unconstitutional.

The CCJ, which is the highest court for Barbados, made the ruling based on two unrelated death penalty cases.

The cases, Jabari Sensimania Nervais v The Queen and Dwayne Omar Severin v The Queen, were consolidated because both appeals challenged the murder convictions and the constitutionality of the mandatory death sentence for murder in Barbados. 

The Court stated that a section of the Offences Against the Person Act was unconstitutional because it provided for a mandatory sentence of death.

In addition, both men had their appeals against their convictions dismissed. 

Before examining the issues raised by the appeal, the regional court considered the state of the mandatory death penalty in Barbados for murder and found that it was indisputable that the nation, through its actions, had acknowledged that it had an obligation to remove such mandatory sentence under section 2 of the Offences against the Person Act. 

The court further noted that Barbados had also given undertakings to the CCJ and the Inter American Court of Human Rights to rectify the mandatory sentence which was reflected in the Barbados Privy Council’s consistent commutation of the mandatory death penalty. 

The CCJ held that section 11 of the Constitution, which gives the right to protection of the law, was enforceable. 

It also found that the mandatory death penalty breached that right as it deprived a court of the opportunity to exercise the quintessential judicial function of tailoring the punishment to fit the crime.

The CCJ ordered that the appellants be expeditiously brought before the Supreme Court for resentencing. 

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