15 54. On February 10, 1998, Manuel Martínez Coronado was executed by lethal injection. 67 VII MERITS 55. This case concerns the alleged international responsibility of the State for imposing the death penalty on the basis of a criminal definition that included dangerousness as a key element and for alleged violations of the right to defense during the criminal trial of Manuel Martínez Coronado. This trial resulted in a conviction and death sentence for Mr. Martínez, who was executed by lethal injection on February 10, 1998. VII.1 RIGHT TO LIFE AND FREEDOM FROM EX POST FACTO LAWS (Articles 468 and 969 of the American Convention on Human Rights, in conjunction with Articles 1(1) and 2) 56. In this chapter, the Court will examine the arguments concerning the arbitrary deprivation of life and the violation of the freedom from ex post facto laws, derived from Articles 4 and 9 of the American Convention, in conjunction with Articles 1(1) and 2 of the Convention, as a result of the imposition of the death penalty on Mr. Martínez Coronado. A. Arguments of the Commission and the parties 57. The Commission concluded that the imposition of the death penalty resulted in an arbitrary deprivation of life in violation of Articles 4(1) and 4(2) of the Convention and a violation of the freedom from ex post facto laws established in Article 9, all in conjunction with the obligations set forth in Articles 1(1) and 2, by imposing the death penalty in a trial that violated due process and by applying a law that is incompatible with the freedom from ex post facto laws in establishing future dangerousness as a criterion for imposing the sentence. 58. The representatives argued that there was a violation of the right to life, derived from Articles 4(1), 4(2), and 4(6) and the guarantee established in Article 63(2), all from the American Convention. They concluded that there is an arbitrary deprivation of life through the violation of due process in the imposition of the criterion of dangerousness to determine Mr. Martínez Coronado’s sentence. 431), and a communication from the Commission to the State of Guatemala on February 9, 1998 (IACHR procedural file, folios 435 to 436). 67 Cf. Record from February 10, 1998 (evidence file with the answering brief, annex 30, folios 2343 to 2344). 68 Article 4. Right to Life. “1. Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life. 2. In countries that have not abolished the death penalty, it may be imposed only for the most serious crimes and pursuant to a final judgment rendered by a competent court and in accordance with a law establishing such punishment, enacted prior to the commission of the crime. The application of such punishment shall not be extended to crimes to which it does not presently apply. 3. The death penalty shall not be reestablished in states that have abolished it. 4. In no case shall capital punishment be inflicted for political offenses or related common crimes. 5. Capital punishment shall not be imposed upon persons who, at the time the crime was committed, were under 18 years of age or over 70 years of age; nor shall it be applied to pregnant women. 6. Every person condemned to death shall have the right to apply for amnesty, pardon, or commutation of sentence, which may be granted in all cases. Capital punishment shall not be imposed while such a petition is pending decision by the competent authority.” 69 Article 9. Freedom from Ex Post Facto Laws. “No one shall be convicted of any act or omission that did not constitute a criminal offense, under the applicable law, at the time it was committed. A heavier penalty shall not be imposed than the one that was applicable at the time the criminal offense was committed. If subsequent to the commission of the offense the law provides for the imposition of a lighter punishment, the guilty person shall benefit therefrom.”