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126. Regarding the right to life, the Court recalls that, even though the Convention does not
expressly prohibit the application of the death penalty, this Court has established that the relevant
provisions of the Convention should be interpreted in the sense of “definitively limiting its
application and its sphere, so that it is progressively reduced, until it is eliminated completely.”175
Therefore, the provisions of the Convention in relation to the application of the death penalty
should be interpreted in light of the pro persona principle; that is, in favor of the individual.176 The
imposition of this punishment is subject to certain procedural guarantees and compliance with
them must be strictly observed and reviewed.177 Owing to the exceptionally serious and
irreversible nature of the death penalty, the possibility of imposing or applying it is subject to
certain procedural requirements, compliance with which must be strictly observed and reviewed.178
127. With regard to the right to humane treatment or personal integrity, this Court has already
indicated that Article 5 of the American Convention, read in conjunction with the obligations erga
omnes to respect and ensure respect for the norms for the protection of human rights, reveals the
obligation of the State not to deport, return, expel, extradite or remove in any other way an
individual subject to its jurisdiction to another State, or to a third State that is not safe, when there
are grounds for believing that he would be in danger of being subjected to torture or cruel,
inhuman or degrading treatment.179
128. Additionally, the inter-American system includes a specific treaty, the Inter-American
Convention to Prevent and Punish Torture, which refers to the principle of non-refoulement as
follows: “Extradition shall not be granted nor shall the person sought be returned when there are
substantial grounds to believe that his life is in danger, that he will be subjected to torture or to
cruel, inhuman or degrading treatment, or that he will be tried by special or ad hoc courts in the
requesting State.” In addition, as it is regulated, the principle is also associated with protection of the
right to life and certain judicial guarantees, so that it is not restricted merely to protection against
torture. Added to this, it is not enough that States abstain from violating this principle, it is also
essential that they adopt positive measures. In situations in which an individual is faced with a risk of
torture the principle of non-refoulement is absolute.180
representative argued a presumed violation of this provision. In this regard, the Court reiterates that the presumed victims or
their representatives may cite the violation of other rights than those included in the Commission’s Merits Report, provided that
they abide by the facts contained in that document (supra para. 35).
175
Case of Hilaire, Constantine and Benjamin. Merits, reparations and costs. Judgment of June 21, 2002. Series C No. 94,
para. 99, and Case of Boyce et al. v. Barbados. Preliminary objection, merits, reparations and costs. Judgment of November 20,
2007. Series C No. 169, para. 52. Cf. Restrictions to the Death Penalty (Arts. 4.2 and 4.4 American Convention on Human
Rights). Advisory Opinion OC-3/83 of September 8, 1983. Series A No. 3, para. 57.
176
Cf. Case of Boyce et al. v. Barbados, supra, para. 52, and Case of Dacosta Cadogan v. Barbados. Preliminary objections,
merits, reparations and costs. Judgment of September 24, 2009. Series C No. 204, para. 49.
177
Cf. Case of Fermín Ramírez v. Guatemala. Merits, reparations and costs. Judgment of June 20, 2005. Series C No. 126,
para. 79, and Case of Dacosta Cadogan v. Barbados, supra, para. 47. See also Restrictions to the Death Penalty (Arts. 4.2 and
4.4 American Convention on Human Rights), supra, para. 55, and The Right to Information on Consular Assistance within the
Framework of the Guarantees of Due Process of Law. Advisory Opinion OC-16/99 of October 1, 1999. Series A No. 16, para.
135.
178
Cf. Case of Boyce et al. v. Barbados, supra, para. 50, and Case of Dacosta Cadogan v. Barbados, supra, para. 84. Cf.
Restrictions to the Death Penalty (Arts. 4.2 and 4.4 American Convention on Human Rights), supra, para. 55.
179
Cf. Rights and guarantees of children in the context of migration and/or in need of international protection. Advisory
Opinion OC-21/14 of August 19, 2014. Series A No. 21, para. 226.
180
Cf. Rights and guarantees of children in the context of migration and/or in need of international protection, supra, paras.
225, 227 and 236.