24
Findings of the Court
54.
In this case, the Court has been called on to determine whether the
imposition of the death penalty on Mr. Raxcacó Reyes was carried out in accordance
with the provisions of Article 4 of the American Convention, which establishes that:
1.
Every person has the right to have his life respected. This right shall be protected by
law and, in general, from the moment of conception. No one shall be arbitrarily deprived of
his life.
2.
In countries that have not abolished the death penalty, it may be imposed only for
the most serious crimes and pursuant to a final judgment rendered by a competent court
and in accordance with a law establishing such punishment, enacted prior to the
commission of the crime. The application of such punishment shall not be extended to
crimes to which it does not presently apply.
[…]
6.
Every person condemned to death shall have the right to apply for amnesty, pardon,
or commutation of sentence, which may be granted in all cases. Capital punishment shall
not be imposed while such a petition is pending decision by the competent authority.
55.
The proceedings against Mr. Raxcacó Reyes originated in the kidnapping of a
child. In this regard, it should be reiterated that the Court is not a criminal tribunal in
which the criminal responsibility of the individual can be examined;38 this task
corresponds to the domestic courts. The Court emphasizes the obligation that States
have to protect all persons, avoiding crime, punishing those responsible, and
maintaining public order, particularly in the case of facts such as those that gave rise
to the criminal proceedings against Mr. Raxcacó Reyes, in the understanding that a
State’s fight against crime must be carried out within limits and according to
procedures that allow both public safety and full respect for human rights to be
preserved.39
56.
Even though the Convention does not expressly prohibit the application of the
death penalty, the respective treaty-based norms should be interpreted in terms of
“delimit[ing] strictly its application and scope, in order to reduce the application of
the penalty and bring about its gradual disappearance.”40
i)
57.
that:
Expansion of the list of crimes punishable by the death penalty
When interpreting Article 4(2) of the American Convention, this Court stated
38
Cf. Case of Fermín Ramírez, supra note 1, para. 63; Case of Castillo Petruzzi et al.. Judgment of
May 30, 1999. Series C No. 52, para. 90, and Case of the “White Van” (Paniagua Morales et al.).
Judgment of March 8, 1998. Series C No. 37, para. 71.
39
Cf. Case of Fermín Ramírez, supra note 1, para. 63; Case of Hilaire, Constantine and Benjamin et
al., Judgment of June 21, 2002. Series C No. 94, para. 101; Case of Bámaca Velásquez. Judgment of
November 25, 2000. Series C No. 70, para. 174; Case of Durand and Ugarte. Judgment of August 16,
2000. Series C No. 68, para. 69, and Case of Castillo Petruzzi et al., supra note 39, paras. 89 and 204.
40
Cf. Case of Hilaire, Constantine and Benjamin et al., supra note 39, para. 99, and Restrictions to
the Death Penalty (Arts. 4(2) and 4(4) American Convention on Human Rights). Advisory Opinion OC3/83 of September 8, 1983. Series A No. 3, para. 57.
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