15 57. On September 13, 1996, Roberto Girón and Pedro Castillo Mendoza were executed by firing squad. The execution was televised. VIII MERITS 58. The instant case relates to the State’s alleged international responsibility for the imposition of the death penalty and the televised execution by firing squad of Roberto Girón and Pedro Castillo Mendoza based on a crime that established a mandatory death penalty in cases of aggravated rape, and also for the alleged violations of the minimum guarantees of due process during the criminal proceedings conducted against them. The Court will now consider and decide the merits of the dispute. To this end, it will examine: (1) the mandatory imposition of the death penalty on Roberto Girón and Pedro Castillo Mendoza; (2) the alleged violation of the personal integrity of Messrs. Girón and Castillo, and (3) the alleged violation of judicial guarantees. 59. This Court notes that although, in this case, the reprehensible conduct of the alleged victims resulted in criminal responsibility for the perpetration of the crimes described above (supra para. 1), it must be emphasized that the recognition of human rights and the duty to guarantee them, which is an obligation of the State, encompass all cases involving any individual and, consequently, the State must ensure their rights. Therefore, this Court reaffirms the State obligation to respect and ensure the rights of every person subject to their jurisdiction without any discrimination.48 VIII-1 RIGHT TO LIFE49 A. Arguments of the Commission and of the parties 60. The Commission concluded that the imposition and execution of the death penalty to the detriment of Roberto Girón and Pedro Castillo constituted arbitrary deprivation of life; consequently, Guatemala violated Article 4(1) and 4(2) of the Convention, in relation to the obligations contained in Articles 1(1) and 2 of this instrument, because it resulted from criminal proceedings conducted without strict compliance with judicial guarantees. 61. The representatives argued that, owing to disregard for the minimum guarantees of due process of Roberto Girón and Pedro Castillo Mendoza, they were arbitrarily deprived of life. They also indicated that, on October 4, 1993, the Criminal Trial Court of Escuintla decided to impose the mandatory death penalty for the crime of aggravated rape established in article 175 of the Criminal Code without taking into consideration the personal circumstances of either of the two defendants, which could have determined attenuating or aggravating circumstances in their regard. Consequently, they asked the Court to declare the State responsible for the violation of Article 4(1) and 4(2) of the American Convention because it had arbitrarily deprived Roberto Girón and Pedro Castillo Mendoza of their life, failing to comply with the provisions of Articles 1(1) and 2 of this instrument. 62. The State argued that the fact that the judgment was adverse to the defendants, and also the appeals that were filed on their behalf, including the request for clemency, did not allow it to be argued that the State acted “arbitrarily” and that, as a result, Roberto Girón and Pedro Castillo Mendoza were executed by firing squad. It also argued that it had respect due 48 49 Article 1(1) of the American Convention. Article 4 of the American Convention.