56
[…] its concern regarding the elimination of the measure of grace or pardon in the case
of the death penalty, through a Law of May 12, 2001, acknowledged by the
[International] Pact [of Civil and Political Rights] in paragraph 4 of its Article 6. It took
note of the information […] since despite the existence of said law the President of the
Republic has made use of said right on the grounds of the supremacy of international
treaties over regular laws. The State Party must guarantee that every person convicted
to death has the right to request a pardon or the commutation of the sentence,
adjusting the legislation to the obligations of the Pact and issuing the corresponding
provisions so that right to petition may be exercised.94
109. The Court considers that the right to grace forms part of the international
corpus juris, specifically of the American Convention and the International Pact of
Civil and Political Rights.95 For these effects, said international treaties on human
rights have preeminence over internal laws, pursuant to that established in Article 46
of the Political Constitution of the Republic of Guatemala.96
110. Therefore, since the internal legislation does not establish any attribution so
that a State body has the power to know of and decide upon the measures of grace
and being this the explanation for the denial of the measure of grace presented by
Mr. Fermín Ramírez, the State failed to comply with the obligations derived from
Article 4(6) of the Convention in relation to Articles 1(1) and 2 of the same.
XI
ARTICLE 5 AND 17 OF THE AMERICAN CONVENTION
IN RELATION WITH ARTICLE 1(1) OF THE SAME
(RIGHT TO HUMANE TREATMENT AND RIGHTS OF THE FAMILY)
111. The Commission did not refer to Articles 5 and 17 of the American
Convention.
112.
Arguments of the representatives
Regarding Article 5(1), 5(2), and 5(6) of the American Convention
a)
in his condition of convicted to the death penalty, Mr. Fermín Ramírez
has been submitted to imprisonment conditions, especially those experienced
in Sector 11, that constitute cruel, inhumane, and degrading treatment and
he has had to support a long wait of almost seven years for the execution of
the sentence;
94
Human Rights Committee of the United Nations. Final Observations of the Human Rights
Committee: Guatemala. 72º meeting, August 27, 2001, CCPR/CO/72/GTM, para. 18.
95
Cfr., in the same sense Inter-American Commission on Human Rights, Fifth Report on the
Situation of Human Rights in Guatemala, April 6, 2001, Chapter V; and MINUGUA, Eleventh Report on
Human Rights, September 2000, para 26.
96
Cfr. Article 46. Preeminence of International Law. It establishes the general principle that in
matters of human rights, the treaties and conventions accepted and ratified by Guatemala have
preeminence over the internal legislation. Political Constitutional of the Republic of Guatemala (dossier on
statements given before a notary public and evidence to facilitate adjudication).
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