60
183) Finally, the representatives argued that all the persons included in the present
Case are victims, some because they were read their execution order, others
because they were in danger of being executed, and finally, in the case of Joey
Ramiah, because the execution was carried out. In every case, the victims had no
effective recourse to amnesty, pardon or commutation procedures.
*
*
*
Assessment of the Court
184) The Court observes that Article 4 of the American Convention is based on the
principle that the death penalty should be applied only for the most serious crimes
and in exceptional circumstances, and grants to those sentenced to death the
additional right to seek amnesty, pardon or commutation of sentence before the
competent authority.
185) Article 1(1) of the Convention establishes the State’s duty to respect and
guarantee the exercise of the rights protected therein (supra para. 141) and Article
4(6) states that
[e]very 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.
186) In the present Case, the Court finds that the individual mercy petitions
provided for in the Constitution should be exercised though fair and adequate
procedures, in conformity with Article 4(6) of the Convention 143 and in conjunction
with the relevant due process guarantees established in Article 8. In other words, it
is not enough merely to be able to submit a petition; rather, the petition must be
treated in accordance with procedural standards that make this right effective.
143
In this respect, the Privy Council stated the following:
[the prerogative of mercy] should [i]n the light of the [S]tate’s international obligations,
be exercised by procedures which were fair and proper and amenable to judicial review;
that in considering what natural justice required it was relevant to have regard to
international human rights norms laid down in treaties to which the state was a party,
whether or not they were independently enforceable in domestic law; that, therefore,
the condemned man was entitled to sufficient notice of the date when the [Jamaican
Privy Council] was bound to consider before taking a decision, when a report by an
international human rights body was available the [Jamaican Privy Council] should
consider it and give an explanation if it did not accept the report’s recommendations,
and the condemned man should normally be given an explanation when it did not accept
the report’s recommendations, and the condemned man should normally be given a
copy of all the documents available to the [Jamaican Privy Council] and not merely the
gist of them; that the defects in the procedures adopted in relation to the applicants’
petitions for mercy had resulted in a breach of the rules of fairness and of natural
justice; and that, accordingly, they had been deprived of the protection of the law to
which they were entitled […].
Cf. Neville Lewis et al. v. Attorney General of Jamaica. Judgment of the Judicial Committee of the
Privy
Council of September 12, 2000, p. 1786.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos