Girón et al. v. Guatemala

In this section

This case is about the sentencing to death and execution in Guatemala of two persons who were found guilty of the rape and murder of a four-year- old girl. The Court fond Guatemala in violation of several articles of the American Convention including because Guatemalan law mandated capital punishment for the crime in question, because of the faulty prosecution and trial, and because of the way the State managed their stay on death row and execution.

Case Summary: Girón et al. v. Guatemala

Year

2019

Country

Topics

Life (Right to)

Due Process Rights

Amnesty, Pardon, and Commutation of Sentence (Right to Seek)

Physical, Mental, and Moral Integrity (Right to)

Judicial Guarantees (Right to)

Obligation to Give Domestic Legal Effect to Rights

Prison and Detention Conditions

Violations Against The Inter-American Convention On Human Rights

Article 1(1) Obligation of Non-Discrimination

Article 1(2) Definition of “Person”

Article 2 Obligation to Give Domestic Legal Effect to Rights

Article 4(1) Prohibition of Arbitrary Deprivation of Life

Article 4(2) Limitations on Death Penalty

Article 5(1) Right to Physical, Mental, and Moral Integrity

Article 5(2) Prohibition of Torture, and Cruel, Inhumane or Degrading Treatment

Article 8(2)(e) Right to Assistance by Counsel Provided by State

Article 8(2)(d) Right to Self-Defense or Legal Assistance and to Communicate Freely with Counsel

Did the State Accept International Responsibility?

Did the State Raise Preliminary Objections?

Judges

Mac-Gregor Poisot, Eduardo Ferrer

Odio Benito, Elizabeth

Pazmino Freire, L. Patricio

Porto, Humberto Sierra

Ricardo Pérez Manrique

Vio Grossi, Eduardo

Reparations

Judgment as a Form of Reparation

Provide Medical Treatment

Provide Monetary Damages or Costs and Expenses

Publicly Acknowledge International Responsibility

Publish the Judgment

Reform Legislation

Case Summary

Yes