Guatemala’s President Alejandro Giammattei last Thursday called on Congress to reactivate the death penalty to tackle crime after the murder of a girl despite the fact that the sentence does not apply by virtue of a constitutional decision
‘I ask the Congress of the Republic not to shake our hand to confront criminals. If the death penalty is needed, then do itGiammattei told reporters on a tour of the Caribbean (northeast) of the country.
Crimes against children must be paid for with the life of the criminal, the right-wing president said.
Eight-year-old Sharon Figueroa’s body was found Wednesday in the northern municipality of Melchor de Mencos, on the Belize border, a day after her disappearance, contributing to an increase in incidents of violence against women and provocative reports of outrage. . and calls for the use of the death penalty.
However, the human rights ombudsman, Jordán Rodas, explained to AFP that Giammattei’s request is a “populist” response, as the Constitutional Court (CC), the country’s highest court, has already declared the verdict inapplicable: death in Guatemala .
Between 2016 and 2017 the CC ruled out the death penalty for cases of murder, patricide, extrajudicial execution, kidnapping, enforced disappearance and murder.
The Court found that the imposition of the death penalty, last applied by lethal injection more than two decades ago, is contrary to principles enshrined in the constitution and in international treaties, in particular the United States Convention on human rights (San Jose Convention).
“It is a populist response to a serious violence problem that cannot be solved with measures like this. [pena de muerte]Rodas said, urging the president to address the “underlying problems” to end violence.
In addition to the exclusion of the Criminal Code, the death penalty has also created a legal loophole that has been created since 2000 when the then president, Alfonso Portillo (2000-2004), asked Congress to revoke the power that the president held to pardon the damned.
The Legislative it has not determined who agrees the last resort to which convicts are entitled.
In January, right-wing representatives dusted off a project to restore the presidential pardon so that the sentence can be applied again.