32
considered to be in keeping with the right to humane treatment embodied in
Article 5 of the Convention; and
(e)
By sentencing Mr. Raxcacó Reyes to the mandatory death penalty
without considering his individual circumstances, the State has violated his
rights to physical, mental and moral integrity in violation of Article 5(1) of the
Convention, and has subjected him to cruel, inhuman and degrading
treatment or punishment in violation of Article 5(2) thereof. The essential
respect for the dignity of the individual, which underlies Article 5(1) and 5(2)
of the Convention cannot be conciliated with a system that deprives the
individual of his most fundamental rights, such as the right to life, without
considering whether this exceptional form of punishment is adapted to the
circumstances of the case. The determination of the mandatory death penalty
which entails the arbitrary deprivation of life reinforces its characterization as
cruel, inhuman and degrading treatment or punishment.
Arguments of the representatives
92.
In relation to Article 5 of the American Convention, the representatives
indicated that the State is violating the right of Mr. Raxcacó Reyes to personal
integrity in three ways: by imposing a mandatory death penalty; by the death row
phenomenon, and by the prison conditions that he endures currently.
Arguments of the State
93.
In relation to Article 5 of the American Convention, the State indicated that
Mr. Raxcacó Reyes was interviewed in order to verify his current prison conditions.
According to the State, Mr. Raxcacó Reyes considered that his alimentation, medical,
physical, visiting regime, hygiene and access to training and work conditions were
good and his only request was for an effective remedy to decide his juridical situation
as regards commutation of sentence.
Findings of the Court
94.
Article 5 of the American Convention establishes that:
1.
Every person has the right to have his physical, mental, and moral integrity respected.
2. No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or
treatment. All persons deprived of their liberty shall be treated with regard for the inherent
dignity of the human person.
[…]
95.
The Court has stated that any person deprived of his freedom has the right to
live in prison conditions that are compatible with his personal dignity,58 and that the
State must ensure the right to life and to personal integrity of all prisoners.59 Since
58
Cf. Case of Fermín Ramírez, supra note 1, para. 118; Case of Caesar, supra note 55, para. 96;
Case of Lori Berenson Mejía, supra note 56, para. 102, and Case of Tibi. Judgment of September 7, 2004.
Series C No. 114, para. 150.
59
Cf. Case of Bulacio. Judgment of September 18, 2003. Series C No. 100, para. 126; Case of
Hilaire, Constantine and Benjamin et al., supra note 39, para. 65; Case of Cantoral Benavides, supra note
57, para. 87, and Case of Durand and Ugarte, supra note 39, para. 78.
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