118. Taking into account the aforementioned reasons, the IACHR concludes that the method used for the execution of the death penalty constituted cruel, inhumane and degrading treatment in violation of the rights enshrined in Articles 5(1) and 5(2) of the American Convention in connection to Articles 1(1) and 2 of the same to the detriment of Roberto Girón and Pedro Castillo Mendoza. In addition, the State is responsible for the violation of Articles 1 and 6 of the ICPPT. D. Right to Life87 and the imposition of the death penalty sentence and its execution 119. Both the Inter-American Commission and Court have indicated that the imposition of the death penalty must adhere to the provisions of Article 4(2) of the American Convention, which means that it can only be imposed for the most serious crimes88 and cannot be extended to offences for which it was not intended at the time of ratification of the American Convention.89 Also, it follows from the text of the Convention and prior interpretation by the IACHR with regard to death penalty that sentencing in procedures within the framework of processes that violate due process also results in a violation of Article 4(2) of the American Convention.90 120. The Commission has already established in this report that in the criminal process which ended with the death penalty sentence for Roberto Girón and Pedro Castillo Mendoza: (i) the right to a defense in the initial stages of the procedure and in some of the proceedings that had a decisive impact in the decision was violated; and (ii) the right to adequate technical assistance was violated. In addition, the Commission established that the death penalty was implemented by method which was legally established to be, and by its own nature was, cruel, inhumane and degrading treatment. 121. In light of the above, the Commission concludes that the death penalty sentencing and its execution was in breach of the American Convention and, therefore, resulted in an arbitrary deprivation of life, in violation of Articles 4(1) and 4(2) of the Convention, in connection with the duties set forth in Articles 1(1) and 2 of the same to the detriment of Roberto Girón and Pedro Castillo Mendoza. VII. CONCLUSIONS 122. The Commission concludes that the Guatemalan State is responsible for the violation of the rights enshrined in Articles 4(1), 4(2), 5(1), 5(2), 8(2), 8(2)(c), 8(2)(e) and 25(1) of the American Convention in connection with the duties set forth in Articles 1(1) and 2 of the same to the detriment of Roberto Girón and Pedro Castillo Mendoza. In addition, the Commission concludes that the State is responsible for the violation of Articles 1 and 6 of the Inter-American Convention to Prevent and Punish Torture. 87 Article 4 of the American Convention reads, in the relevant: 1. Every person has the right to have his life respected. This right shall be protected by law and, in general, form the moment of conception. No one shall be arbitrarily deprived of his life. 2. In countries that have not abolish 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 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. 88 I/A Court H.R., Restrictions to the Death Penalty (Arts. 4(2) and 4(4) of the American Convention on Human Rights.) Advisory Opinion OC‐3/83 of September 8, 1983. Series A No. 3, para. 54. 89 IACHR, The Death Penalty in the Inter-American System of Human Rights: From Restrictions to Abolition, OEA/Ser.L/V/II.Doc.68, December 31, 2011, para.88. 90 See IACHR, The Death Penalty in the Inter-American System of Human Rights: From Restrictions to Abolition, OEA/Ser.L/V/II.Doc.68, December 31, 2011. 21