16
principle according to which, in the sphere of human rights, international treaties and
conventions prevail over ordinary domestic laws; that, according to Article 46 of the
Guatemalan Constitution and Article 4(2) of the American Convention, the death
penalty should not be imposed, since the punishment should be proportionate to the
damage caused and not in excess of this; that the principle of the proportionality of
the punishment had been contravened and Articles 3 and 19 of the Guatemalan
Constitution had been violated, because the victim of the alleged kidnapping had not
died, and that the sentence imposed was not in keeping with the law.
43(13) On September 13, 1999 the Fourth Chamber of the Court of Appeal declared
that the appeal filed by Mr. Raxcacó Reyes was inadmissible (supra para. 43(12)).
Regarding the alleged failure to respect Article 4(2) of the American Convention, the
ruling stated that:
This Court considers that the said Article of the […] Pact [of San José] authorizes the
application of the death penalty for the most serious crimes, and for those crimes for
which it was already established before the entry into force of the Pact of San José. It is
well known that the crime of kidnapping or abduction already provided for this punishment
when a victim died, and this was so as of the promulgation of Decree [No.] 17-73 of the
Congress of the Republic; and since the American Convention on Human Rights was
ratified subsequently, becoming law for Guatemala as of the promulgation of Decree [No.]
6-78 of the Congress of the Republic, it is therefore clearly established that Article 201 of
Decree [No.] 17-73 and its reforms are fully applicable to the case that concerns us;
moreover, there is no violation of the provisions of Article 46 of the Constitution of the
Republic, because there is no conflict between domestic law and the provisions of the said
human rights treaty; consequently, it is concluded that the higher tribunal acted correctly
and based on the law in force in the country, because the crime prosecuted is extremely
serious and the death penalty has been established for it since 1973.18
43(14) Messrs. Raxcacó Reyes, Ruiz Fuentes and Murga Rodríguez filed an appeal for
annulment of the judgment delivered by the Fourth Chamber of the Court of Appeal
(supra para. 43(13)). Mr. Raxcacó Reyes alleged that the Court of Appeal had
disregarded Articles 3, 19 and 46 of the Guatemalan Constitution and Article 4(2) of
the American Convention, by extending and applying the death penalty to crimes for
which the law had not established it at the time when Guatemala ratified the said
international instrument.19
43(15) On July 20, 2000, the Criminal Chamber of the Supreme Court of Justice
declared inadmissible the appeals for annulment that had been filed (supra para.
43(14)).20 The Supreme Court of Justice indicated that:
When the American Convention on Human Rights came into force, [Article 201 of the
Penal Code] already established the death penalty and, even with the reforms included in
Decrees [Nos.] 14-95 [supra para. 46] and 81-96 [supra para. 47] of the Congress of the
Republic, the structure of this type of crime has not been modified, because it continues
to individualize the same conducts that it prohibited before these decrees and, under
specific conditions, the death penalty was already imposed.21
Cf. judgment delivered by the Fourth Chamber of the Court of Appeal of Guatemala on
September 13, 1999 (file of appendixes to the application, appendix 9, folios 185-186).
18
19
Cf. judgment delivered by the Supreme Court of Justice on July 20, 2000 (file of appendixes to
the application, appendix 10, folios 208 and 216).
20
Cf. judgment delivered by the Supreme Court of Justice on July 20, 2000 (file of appendixes to
the application, appendix 10, folios 199 and 221).
21
Cf. judgment delivered by the Supreme Court of Justice on July 20, 2000 (file of appendixes to
the application, appendix 10, folio 219).
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