VIII.
RECOMMENDATIONS
123.
In light of the aforementioned conclusions,
THE INTER-AMERICAN COMMISSION RECOMMENDS THAT THE STATE OF GUATEMALA,
1.
Repair in full the human rights violations found in this report, both in the material and
immaterial aspects. The reparation measures must include fair compensation as well as measures of
satisfaction and rehabilitation in consultation with the next of kin of Messrs. Roberto Girón and Pedro Castillo
Mendoza. Once it has exhausted all possible efforts to locate the relatives and if the State is unable to locate
them, the IACHR recommends that the pecuniary component of the reparation be deposited with the Legal
Aid Fund.
2.
The Commission notes and values the 17 years that have elapsed without judicial authorities
sentencing the death penalty and, also, that commutation of the sentence has been ordered for more than a
decade with regards to convicted persons. In addition, the Commission takes note and values that the
Executive Branch has taken measures to prevent the reenactment of the death penalty in Guatemala. In this
regard, the Commission notes that, due to such actions by both the Executive and the Judiciary, 17 years have
elapsed without death penalty sentencing or executions in Guatemala. The Commission understands that, in
practice, the Guatemalan State has advanced towards the tendency to abolish the death penalty, which is
consistent with the spirit of the American Convention on this matter. Taking into account its practice for
almost two decades, the Commission recommends that the State of Guatemala adopts the necessary measures
so that law in Guatemala is made consistent with its practice of moving toward the abolition of the death
penalty.
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