31
14/94, according to which “in the case of self-executing laws, […] the violation of
human rights, whether individual or collective, occurs upon their promulgation.”57
89.
Likewise, the lack of national legislation to make effective the right to apply
for pardon, amnesty or commutation of sentence, in the terms of Article 4(6) of the
American Convention, constitutes a fresh violation of Article 2 thereof.
90.
In view of the above, the Court considers that the State violated the rights
embodied in Article 4(1), 4(2) and 4(6) of the American Convention, in relation to
Articles 1(1) and 2 thereof, to the detriment of Ronald Ernesto Raxcacó Reyes.
IX
ARTICLE 5(1) AND 5(2) OF THE AMERICAN CONVENTION
(RIGHT TO HUMANE TREATMENT)
IN RELATION TO ARTICLE 1(1) THEREOF
Arguments of the Commission
91.
With regard to Article 5 of the American Convention, the Commission
indicated that:
(a)
By depriving a person of his freedom, the State places itself in a
special position of guarantor, which implies that its agents must not only
abstain from performing acts that may harm the life and physical integrity of
a detainee, but must also endeavor, by all possible means, to ensure that the
person detained may continue to enjoy his fundamental rights and, in
particular, the right to life and to personal integrity. When the State fails to
provide this protection for prisoners, it violates Article 5 of the Convention
and incurs international responsibility;
(b)
As a person sentenced to death, Mr. Raxcacó Reyes has been
subjected by the State to detention conditions that are not adapted to
international standards and has had to endure a prolonged wait for execution,
lasting almost five years;
(c)
Those sentenced to death in Guatemala suffer from different illnesses
arising mainly from the tension they endure waiting for execution. However,
the State does not provide them with adequate treatment, and does not even
allow them to attend hospital appointments;
(d)
The State has not respected the minimum standards for the treatment
of prisoners established by the United Nations in relation to Mr. Raxcacó
Reyes. Indeed, the conditions in which he has been detained, in particular the
isolation, the prolonged enclosure without access to daylight, the absence of
adequate facilities for his personal hygiene, and the lack of medical care,
added to the prolonged time that he remained imprisoned during the criminal
proceedings and, subsequently, as a result of his sentencing, cannot be
57
Cf. Case of Hilaire, Constantine and Benjamin et al., supra note 39, para. 116, and International
Responsibility for the Promulgation and Enforcement of Laws in Violation of the Convention (Arts. 1 and 2
American Convention on Human Rights). Advisory Opinion OC-14/94 of December 9, 1994. Series A No.
14, para. 43.
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