21
81.
In addition, various international bodies have indicated that methods of executions
such as stoning,71 gas asphyxiation,72 “injection of untested lethal drugs, […] burning and
burying alive[,] public executions [… and] other painful and humiliating methods of
execution”73 constitute cruel, inhuman and degrading treatment that violates the right to
personal integrity.
82.
Furthermore, the Special Rapporteur on extrajudicial executions has indicated that
public executions constitute failure to comply with the prohibition of cruel, inhuman or
degrading treatment or punishment.74 Also, the Commission on Human Rights has indicated
that the execution of capital punishment “shall not be carried out in public or in any other
degrading manner.75 In this sense, the Human Rights Council has urged States to refrain from
conducting public executions because: “public executions are […] incompatible with human
dignity.”76
83.
That said, in the instant case, it has been proved that Messrs. Girón and Castillo were
sentenced to death and, subsequently, executed by firing squad (Decree No. 234)77 for the
perpetration of a crime established in article 175 of the Criminal Code. It has also been proved
that the execution of the death sentence of Messrs. Girón and Castillo was suspended on two
occasions78 and that the execution of the alleged victims was transmitted by television.
84.
In their opinion provided by affidavit, expert witnesses Edward Fitzgerald and Parvais
Jabbar stated that “the death row phenomenon begins from the moment […] that sentence is
handed down and the convicted man has to contemplate the perspective of his execution.”79
On this point, the Court has indicated that the waiting time between the moment at which the
death sentence is handed down and its execution produces mental anguish, extreme tension,
Cf. Commission on Human Rights, The question of the death penalty, Resolution 2005/59 (2005), para. 7.i;
Human Rights Committee, Consideration of reports presented by States Parties under Article 40 of the Covenant:
Sudan, CCPR/C/79/Add.85 (1997), para. 9; Human Rights Committee, Consideration of reports presented by States
Parties under Article 40 of the Covenant: Yemen, CCPR/CO/84/YEM (2005), para. 15; Human Rights Council, Report
of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak,
Mission to Nigeria A/HRC/7/3/Add.4 (2007), summary, p. 2, and para. 56; Human Rights Council, Report of the
Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak,
A/HRC/7/3 (2008), para. 40; ECHR. Jabari v. Turkey no. 40035/98, Judgment of July 11, 2000, paras. 41 and 42.
72
Cf. Human Rights Committee, Chitat Ng vs. Canada, CCPR/C/49/D/469/1991 (1994), para. 16.3.
73
Human Rights Committee, General Comment No. 36 on article 6 of the International Covenant on Civil and
Political Rights, on the right to life, supra, para. 40.
74
Cf. Commission on Human Rights, Report of the Special Rapporteur on extrajudicial, summary or arbitrary
executions, Philip Alston, E/CN.4/2006/53/Add.3 (2006), para. 43.
75
Cf. Commission on Human Rights, The question of the death penalty, Resolution 2005/59 (2005), para. 7.i.
76
Human Rights Council, Question of the death penalty, A/HRC/39/19 (2018), para. 38. See also, Human
Rights Committee, Consideration of reports presented by States Parties under Article 40 of the Covenant: Nigeria,
CCPR/C/79/Add.65 (1996), para. 16; Human Rights Committee, General Comment No. 36 on article 6 of the
International Covenant on Civil and Political Rights, on the right to life, supra, para. 44; Human Rights Committee,
General Comment No. 20 (1992), supra, para. 6; Human Rights Council, Question of the death penalty, A/HRC/24/18
(2013), paras. 59 to 61, and Human Rights Council, Capital punishment and the implementation of the safeguards
guaranteeing protection of the rights of those facing the death penalty, A/HRC/30/18 (2015), paras. 30 to 32.
77
Article 7 of Decree No. 234 established that: “Following the reading of the decision, the prisoner shall be
blindfolded; the head guard shall then place the squad responsible for the execution at a distance of six meters from
the prisoner, in two separate rows, and shall give the order to fire to the first row. If necessary, the second row will
repeat the shots. The forensic physician or the Health Unit that, by court order, must be present at executions, shall
examine the person executed and decide whether a coup de grâce is required. When the execution has concluded,
the order will be given to bury the corpse or it will be delivered to the next of kin who have requested this.” Diario de
Centro América, Volume XLVI, Decree Number 234.
78
The first suspension was granted by an order of the First Court for execution of sentence of Guatemala on
July 15, 1996, owing to the presentation of the request for clemency to the President of the Republic. The second
suspension was granted by means of a provisional amparo, owing to an application for amparo contesting the
President’s decision to deny the request for clemency.
79
Expert opinion of Edward Fitzgerald and Parvais Jabbar provided to the Court by affidavit (evidence file,
affidavits and expert opinions, fs. 3061 to 3087).
71