18
Guatemalan Constitution in force55 and indicated that the President of the Republic, in Decision
No. 281-96122 of July 17, 1996, rejected this without due reasoning. They indicated that an
application for amparo was filed against this decision before the Constitutional Court, in its
capacity as Special Amparo Chamber, and this was decided on August 9, 1996; but, according
to the representatives, “neither did this have the necessary conditions to be effective."
According to the representatives, it appears that the system of appeals available under
domestic law to achieve the commutation of a death sentence did not have the effectiveness
required in the international sphere. In this regard, the decision of July 12, 1996, reveals that
Guatemala processed and decided the request for clemency (supra para. 53) in compliance
with the obligation derived from Article 4(6) and in observance of its international obligations.
Consequently, the Court considers that, in the instant case, it did not violate Article 4(6) of
the Convention.
C. Conclusion
74.
Based on the foregoing, taking into consideration that the death sentence imposed on
Roberto Girón and Pedro Castillo Mendoza and their subsequent execution by firing squad
resulted from the mandatory imposition of the death penalty pursuant to article 175 of the
Criminal Code, this Court concludes that, in the instant case, the State is responsible for the
arbitrary deprivation of life in violation of Article 4(1) and 4(2) of the American Convention, in
relation to Articles 1(1) and 2 of this instrument, to the detriment of Roberto Girón and Pedro
Castillo Mendoza, without prejudice to the violations determined in the chapter on judicial
guarantees (infra para. 123). In addition, the Court considers that Guatemala did not violate
Article 4(6) of the Convention, in relation to Article 1(1) thereof.
VIII-2
PERSONAL INTEGRITY56
A. Arguments of the Commission and of the parties
75.
The Commission argued that the execution of the alleged victims transmitted by
television constituted an act of humiliation and that one of them had to be given a coup de
grâce because he had not died from the bullets fired by the firing squad. The Commission also
argued that there were alternatives to execution by firing squad which caused less suffering.
It added that the method of execution by firing squad constituted an act of torture to the
detriment of Messrs. Girón and Castillo and concluded that the State had violated Article 5(1)
and 5(2) of the American Convention, in relation to the obligations of Articles 1(1) and 2 of
this instrument and Articles 1 and 6 of the Inter-American Convention to Prevent and Punish
Torture (ICPPT).
76.
The representatives argued that the death penalty and the time spent awaiting the
execution caused Messrs. Girón and Castillo to endure an emotional situation of permanent
anguish, and added that this emotional situation is usually aggravated if prison conditions are
deficient. On this point, they specified that the alleged victims were imprisoned in “windowless
cells” and in isolation within the Canada Model Prison. In addition, they argued that the method
used to execute the death penalty by firing squad on September 13, 1996, was not the one
that caused the least suffering because it produced prolonged agony and pain for the alleged
victims, revealed by the case of Pedro Castillo Mendoza, who did not die from the bullets fired
by the squad, but had to receive a “coup de grâce.” In addition to this, they stressed that the
execution of the death penalty was publicized because it was transmitted by national
55
56
Constitution of the Republic of Guatemala, supra.
Article 5 of the American Convention.