Convention based on the iura novit curia principle because the parties have had the opportunity to express their respective positions in relation to the facts that substantiate this.274 162. In previous cases, this Court has indicated that an evolutive interpretation of the prohibition of cruel, inhuman or degrading treatment or punishment established in Article 5(2) of the Convention gives rise to a requirement that the sentence by proportionate. Thus, the Court has indicated that “[t]he initial concern in this regard, focused on the prohibition of torture as a form of persecution and punishment, as well as other forms of cruel, inhuman or degrading treatment, has gradually extended to other areas including that of the punishments established by the State for the perpetration of offenses.”275 Therefore, punishments that can be considered radically disproportionate are contrary to this provision of the Convention. In addition, Article 5(6) of the American Convention establishes that “[p]unishments consisting of deprivation of liberty shall have as an essential aim the reform and social readaptation of the prisoners.” Therefore, the purpose of the measure ordered as a result of the perpetration of an offense should be the social rehabilitation of the person convicted. Consequently, the proportionality of the sentence is closely related to its purpose, and sentences that are clearly disproportionate are contrary to the social rehabilitation of prisoners and therefore violate Article 5 of the Convention.276 163. At the present time, there is consensus in legal doctrine and case law that the punishment should be proportionate to the level of individualized blame (or guilt) that can be determined against the offender based on the level of participation in the specific circumstances of the act. This rule is not only compatible with the Convention, but is also adapted to it, and should therefore be applied because it is based on the concept of the dignity of the human person, conceived as a being capable of self-determination and endowed with moral awareness.277 164. In the instant case, Manuela received a 30-year prison sentence, which was the minimum punishment established for the crime of aggravated homicide. Moreover, following the amendment of the Criminal Code in 1998, the laws of El Salvador do not expressly establish any mitigation applicable to cases of homicide committed by a mother against her baby during its birth or immediately after and, in such cases, the crime of aggravated homicide is applied for which a sentence of 30 to 50 years’ imprisonment is established. 165. Although it is not for this Court to substitute for the domestic authorities in the individualization of punishments for offenses established in domestic law, 278 in exceptional cases, such as this one, the Court must rule on the proportionality of the punishment because, Cf. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para. 163, and Case of the Indigenous Communities of the Lhaka Honhat (Our Land) Association v. Argentina, supra, para. 200. 274 Cf. Case of Mendoza et al. v. Argentina. Preliminary objections, Merits and reparations. Judgment of May 14, 2013. Series C No. 260, para. 174. 275 276 Cf. Case of Mendoza et al. v. Argentina, supra, para. 165. The proportionality of the punishment to the guilt is reflected in Salvador law, because article 63 of its Criminal Code establishes: “The punishment shall not exceed the harm resulting from the act carried out by the perpetrator and shall be proportionate to his guilt.” Criminal Code of El Salvador. Legislative Decree No. 1030 of April 26, 1997, article 63. Available at: https://www.asamblea.gob.sv/sites/default/files/documents/decretos/ C0AB56F8-AF374F25-AD90-08AE401C0BA7.pdf 277 Cf. Case of Vargas Areco v. Paraguay. Merits, reparations and costs. Judgment of September 26, 2006. Series C No. 155, para. 108, and Case of Mémoli v. Argentina. Preliminary objections, merits, reparations and costs. Judgment of August 22, 2013. Series C No. 265, para. 144. 278 48