34
should take part in that act if the State locates them. This act should be held within ten
years of notification of the judgment that will be delivered; (iii) broadcast of the official
summary and operative paragraphs of the judgment in Spanish, once, by a radio
station with broad coverage, and (iv) offer of a public apology to the family members
of Roberto Girón and Pedro Castillo Mendoza for the direct and indirect violations
suffered.
b) Measures of rehabilitation: (i) considering the non-pecuniary violations suffered by
the family members of the alleged victims, it is necessary that, with their consent, they
are granted medical and psychological treatment in specialized centers, free of charge
and without additional expenses, and (ii) include Dora Alicia Castillo Mendoza, Pedro
Castillo Mendoza’s sister, in a State housing program and provide adequate housing,
free of charge and without additional expenses so that she can live with dignity, and
c) Measures of non-repetition: (i) “align the Constitution, the Criminal Code and the
Military Code with the case law of the Constitutional Court in relation to the
unconstitutionality of the element of dangerousness to justify the imposition of the
death penalty in that legislation; (ii) align domestic law with the case law of the
Constitutional Court and, through Congress, proceed to abolish the death penalty; (iii)
align domestic law with the minimum standards of the American Convention, by
ordering that the Congress of the Republic of Guatemala align constitutional, criminal
and military justice with the case law of its Constitutional Court, in case file 5986-2016
of October 24, 2017, and, consequently, abrogate the death penalty by law pursuant
to article 18 of the Constitution, and by application of the relevant international human
rights instruments; (iv) adapt its domestic law to the Convention in order to guarantee
respect for and full exercise of the rights recognized therein, especially the rights to
judicial guarantees and judicial protection, under the right to due process in the context
of the exercise of an opportune and effective material and technical defense provided
with the necessary means and tools, because even though the Institute of Criminal
Public Defense has been created, this was subsequent to the facts described in the
instant case; this institute must also be able to provide an adequate public defense
service, and (v) amend article 175 of the Criminal Code, so that its interpretation is
not contrary to Article 4 of the Convention.
134. For its part, the State asked the Court to declare inadmissible the claims for reparation
proposed by the Commission in its Report on Admissibility and Merits, and by the public
defenders in their pleadings and motions brief.
135. With regard to the aforementioned measures of reparation, the Court notes that some
of these do not have a causal nexus with the violations declared in this judgment – for
example, the measures of rehabilitation requested – because they are unrelated to the direct
victims in this case. It therefore considers that the delivery of this judgment and the
reparations ordered in this chapter are sufficient and adequate to redress the violations
suffered by the victims and does not find it necessary to order additional measures.
136. Regarding the representatives mention of the unconstitutionality of the element of
dangerousness,125 although the Court has not examined this issue in the instant case, in its
order of February 6, 2019, on monitoring compliance with judgment in the case of Fermín
Ramírez v. Guatemala, it determined that the Constitutional Court of Guatemala had declared
125
The representatives asked the Inter-American Court, as a guarantee of non-repetition, to determine the
alignment of the Constitution, the Criminal Code and the Military Code with the case law of the Constitutional Court
in relation to the unconstitutionality of the element of dangerousness to justify the imposition of the death penalty in
that legislation.