31 14/94, according to which “in the case of self-executing laws, […] the violation of human rights, whether individual or collective, occurs upon their promulgation.”57 89. Likewise, the lack of national legislation to make effective the right to apply for pardon, amnesty or commutation of sentence, in the terms of Article 4(6) of the American Convention, constitutes a fresh violation of Article 2 thereof. 90. In view of the above, the Court considers that the State violated the rights embodied in Article 4(1), 4(2) and 4(6) of the American Convention, in relation to Articles 1(1) and 2 thereof, to the detriment of Ronald Ernesto Raxcacó Reyes. IX ARTICLE 5(1) AND 5(2) OF THE AMERICAN CONVENTION (RIGHT TO HUMANE TREATMENT) IN RELATION TO ARTICLE 1(1) THEREOF Arguments of the Commission 91. With regard to Article 5 of the American Convention, the Commission indicated that: (a) By depriving a person of his freedom, the State places itself in a special position of guarantor, which implies that its agents must not only abstain from performing acts that may harm the life and physical integrity of a detainee, but must also endeavor, by all possible means, to ensure that the person detained may continue to enjoy his fundamental rights and, in particular, the right to life and to personal integrity. When the State fails to provide this protection for prisoners, it violates Article 5 of the Convention and incurs international responsibility; (b) As a person sentenced to death, Mr. Raxcacó Reyes has been subjected by the State to detention conditions that are not adapted to international standards and has had to endure a prolonged wait for execution, lasting almost five years; (c) Those sentenced to death in Guatemala suffer from different illnesses arising mainly from the tension they endure waiting for execution. However, the State does not provide them with adequate treatment, and does not even allow them to attend hospital appointments; (d) The State has not respected the minimum standards for the treatment of prisoners established by the United Nations in relation to Mr. Raxcacó Reyes. Indeed, the conditions in which he has been detained, in particular the isolation, the prolonged enclosure without access to daylight, the absence of adequate facilities for his personal hygiene, and the lack of medical care, added to the prolonged time that he remained imprisoned during the criminal proceedings and, subsequently, as a result of his sentencing, cannot be 57 Cf. Case of Hilaire, Constantine and Benjamin et al., supra note 39, para. 116, and International Responsibility for the Promulgation and Enforcement of Laws in Violation of the Convention (Arts. 1 and 2 American Convention on Human Rights). Advisory Opinion OC-14/94 of December 9, 1994. Series A No. 14, para. 43.