12
American Convention.
They pointed out that in the Penal Code; there are another
two rules that prescribe the punishment of death penalty for the dangerousness of
the agent: The crime of parricide established in Section 131 and magnicide of
Section 383. With regard to the crimes that have included the death penalty as
punishment, it can be mentioned the crime of extrajudicial execution provided for in
Section 132 bis, forced disappearance provided for in Section 201st., and the
aggravated crime as a result of Section 52 of the Drug-Trafficking Act. Besides, the
Guatemalan legislation provides for a crime with the compulsory punishment of
death penalty and that is, the crime of aggravated rape of Section 179 of the Penal
Code. Furthermore, they informed that seven people who were convicted under the
terms of Section 132 of the Guatemalan Penal Code have a chance of being
executed, since the State has neither revoked nor commuted the death sentence. In
this sense, they informed that the Supreme Court of Justice, at the beginning,
admitted appeals for review filed with it by several people convicted to death penalty
for the crime of kidnapping or abduction and, in compliance with the order of this
Court, it reversed six judgments dealing with abduction. Notwithstanding, “as from
September, 2006, the Supreme Court of Justice reversed its own case-law and
placed little value on the decision of the [Inter-American] Court denying the appeals
for review then filed that were intended to set aside the judgments on death penalty.
These decisions would have, besides, been confirmed by the Court on Constitutional
matters, which it is concerning since they have set case law as to the fact that such
decisions are binding on all the Guatemalan courts but they do not acknowledged the
compulsory and binding nature of the Judgments delivered by this Court. Moreover,
they expressed that even though since the year 2005, the courts have not imposed
the death penalty as punishment, the prosecutors have in fact asked for death
penalty in several proceedings and that State’s officials have publicly stated the need
to accelerate the executions.
41.
That the Commission pointed out that the State has the obligation to supply
effective and suitable judicial remedies in order to review the death sentences
imposed for those criminal types that are incompatible with the American
Convention The Commission notes that there is no legislative initiative to obtain the
effective modification of said provisions, though there is a bill that continues under
study of the Executive branch. Therefore, the Commission considered it is vital to
make an effort in order to submit bills to the national Legislative branch in order to
amend said sections of the Penal Code.
42.
That according to the arguments of the parties, the State has not complied
with these parts of the Judgments, in spite of the fact that the reform of such rules
of the Penal Code is a basic aspect of such decisions.
43.
That the States Parties to the Convention must ensure compliance with its
provisions and their inherent effects (effet utile) within their respective domestic
legal systems. This principle applies not only in connection with the substantive
provisions of human rights treaties (i.e. those dealing with the protected rights) but
also in connection with procedural rules, such as the ones concerning compliance
with the decisions of the Court. Such obligations are intended to be interpreted and
enforced in a manner such that the protected guarantee is truly practical and
effective, taking into account the special nature of human rights treaties.4 As the
representatives pointed out, if the domestic superior judicial instances do not enforce
4
See Case of Ivcher Bronstein v. Peru. Competence. Judgment of September 24, 1999. Series C
No. 54, para. 37; Case of Palamara Iribarne v. Chile; Monitoring Compliance with Judgment. Supra note 3,
considering clause six and Case of Plan de Sánchez Massacre v. Guatemala, Monitoring Compliance with
Judgment, supra note 3, considering clause four.