Skip to main content

La Comisión Interamericana de Derechos Humanos condena ejecución de Edgar Tamayo Arias en Estados Unidos

Edgar Tamayo
27 de enero de 2014 - Washington, D.C. — La Comisión Interamericana de Derechos Humanos (CIDH) condena la ejecución judicial de Edgar Tamayo Arias, la cual tuvo lugar el 22 de enero de 2014 en Texas, Estados Unidos, en violación de sus derechos fundamentales.

En enero de 2012 fue presentada, en nombre del señor Tamayo, una petición alegando violaciones a la Declaración Americana así como una solicitud de medidas cautelares. La CIDH, mediante el otorgamiento de medidas cautelares, solicitó a Estados Unidos de ejecutar la pena capital hasta tanto la Comisión tuviera la oportunidad de decidir sobre los reclamos de la peticionaria. El 17 de julio de 2012 la CIDH decidió que el caso era admisible.

Luego de analizar el fondo del caso, el 15 de enero de 2014 la Comisión Interamericana adoptó el Informe No. 1/14 en el cual concluyó, entre otros, que el no respeto por parte del Estado de la obligación de informar al señor Tamayo de su derecho a la notificación y asistencia consulares prevista en el artículo 36.1 de la Convención de Viena sobre Relaciones Consulares lo privó de un proceso penal que satisfaga los estándares mínimos de debido proceso y juicio justo requeridos bajo la Declaración Americana. En consecuencia, la Comisión recomendó a Estados Unidos revisar el juicio y la condena del señor Tamayo de acuerdo con las garantías reconocidas en la Declaración Americana. A pesar de las conclusiones y recomendaciones emitidas por la Comisión, el gobierno de Texas procedió a ejecutar al señor Tamayo como previsto.

La Comisión Interamericana deplora la falta de cumplimiento de Estados Unidos y del estado de Texas con las recomendaciones emitidas por la CIDH en un informe de fondo. El hecho que Estados Unidos no haya preservado la vida del señor Tamayo estando pendiente una solicitud de la CIDH de revisión de su juicio y condena, contraviene sus obligaciones internacionales derivadas de la Carta de la Organización de Estados Americanos y de la Declaración Americana en vigor desde que Estados Unidos se incorporó a las OEA en 1951. La falta de cumplimiento con las recomendaciones de la Comisión resultó en un grave e irreparable daño al derecho más fundamental del señor Tamayo, el derecho a la vida.

La Comisión Interamericana ha abordado durante décadas la cuestión de la pena de muerte como un desafío crucial en materia de derechos humanos. A pesar de que la mayoría de los Estados miembros de la Organización de Estados Americanos ha abolido la pena capital, una minoría considerable la mantiene. Al respecto, la Comisión destaca que Estados Unidos es actualmente el único país del hemisferio occidental en aplicar ejecuciones a la pena de muerte.

La Comisión reitera la recomendación formulada en su informe “La pena de muerte en el Sistema Interamericano de Derechos Humanos: de restricciones a abolición” publicado en 2012, de que los Estados apliquen una moratoria a las ejecuciones como paso hacia la gradual supresión de este tipo de pena.

La CIDH es un órgano principal y autónomo de la Organización de los Estados Americanos (OEA), cuyo mandato surge de la Carta de la OEA y de la Convención Americana sobre Derechos Humanos. La Comisión está integrada por siete miembros independientes que se desempeñan en forma personal, que no representan a ningún país en particular y que son elegidos por la Asamblea General de la OEA.

Fuente: CIDH, 27 de enero de 2014


English Translation: IACHR Condemns Execution of Edgar Tamayo Arias in the United States

January 27, 2014 - Washington, D.C. — The Inter-American Commission on Human Rights (IACHR) condemns the judicial execution of Edgar Tamayo Arias, which took place on January 22, 2014, in Texas, United States, in violation of his fundamental rights.

In January 2012 a petition alleging the violation of the American Declaration and a request for precautionary measures were filed on Mr. Tamayo’s behalf. The IACHR granted precautionary measures asking the United States to refrain from carrying out the death penalty until the Commission had the opportunity to issue a decision on the petitioner's claims. On July 17, 2012, the IACHR decided the case was admissible.

After analyzing the merits of the case, on January 15, 2014, the Inter-American Commission adopted Report No. 1/14 in which it concluded, among other findings, that the State’s failure to respect its obligation under Article 36.1 of the Vienna Convention on Consular Relations to inform Mr. Tamayo of his right to consular notification and assistance deprived him of a criminal process that satisfied the minimum standards of due process and a fair trial required under the American Declaration. Accordingly, the Commission recommended that the United States review Mr. Tamayo’s trial and sentence in accordance with the guarantees recognized in the American Declaration. Despite the Commission’s conclusions and recommendations, the government of Texas proceeded to execute Mr. Tamayo as scheduled.

The Inter-American Commission deplores the failure on the part of the United States and the state of Texas to comply with the recommendations issued by the IACHR in a merits report. The failure of the United States to preserve Mr. Tamayo's life pending a recommendation by the IACHR to review his trial and sentence contravenes its international legal obligations derived from the Charter of the Organization of American States and the American Declaration which are in force since the United States joined the OAS in 1951. This failure to comply with the Commission’s recommendations resulted in serious and irreparable harm to Mr. Tamayo’s most fundamental right, the right to life.

The Inter-American Commission has dealt with the death penalty as a crucial human rights challenge for decades. While a majority of the member States of the Organization of American States has abolished capital punishment, a substantial minority retains it. In this regard, the Commission notes that the United States is currently the only country in the Western hemisphere to carry out executions.

The Commission reiterates the recommendation made in its report “The Death Penalty in the Inter-American Human Rights System: From Restrictions to Abolition” published in 2012, that States impose a moratorium on executions as a step toward the gradual disappearance of this penalty.

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for human rights in the region and acts as a consultative body to the OAS in this matter. The Commission is composed of seven independent members who are elected in a personal capacity by the OAS General Assembly and who do not represent their countries of origin or residence. (Source: IACHR)

Most viewed (Last 7 days)

Florida executes Michael Tanzi

Florida on Tuesday executed a death row inmate described by one local detective as a "fledgling serial killer" for the murder of a beloved Miami Herald employee. Florida executed Michael Tanzi on Tuesday, 25 years after the murder of beloved Miami Herald employee Janet Acosta, who was attacked in broad daylight on her lunch break in 2000.   Michael Tanzi, 48, was executed by lethal injection at the Florida State Prison in Raiford and pronounced dead at 6:12 p.m. ET. 

South Carolina executes Mikal Mahdi

Mikal Mahdi, 42, was executed for the 2004 murder of 56-year-old James Myers A man facing the death penalty for committing two murders was executed by firing squad on Friday, the second such execution in the US state of South Carolina this year. Mikal Mahdi, 42, was executed for the 2004 murder of 56-year-old James Myers, an off-duty police officer, and the murder of a convenience store employee three days earlier. According to a statement from the prison, "the execution was performed by a three-person firing squad at 6:01 pm (2201 GMT)," with Mahdi pronounced dead four minutes later.

Afghanistan | Four men publicly executed by Taliban with relatives of victims shooting them 'six or seven times' at sport stadium

Four men have been publicly executed by the Taliban, with relatives of their victims shooting them several times in front of spectators at a sport stadium. Two men were shot around six to seven times by a male relative of the victims in front of spectators in Qala-i-Naw, the centre of Afghanistan's Badghis province, witnesses told an AFP journalist in the city.  The men had been 'sentenced to retaliatory punishment' for shooting other men, after their cases were 'examined very precisely and repeatedly', the statement said.  'The families of the victims were offered amnesty and peace but they refused.'

USA | Why the firing squad may be making a comeback

South Carolina plans to execute Mikal Mahdi on Friday for the murder of a police officer, draping a hood over his head and firing three bullets into his heart. The choice to die by firing squad – rather than lethal injection or the electric chair – was Mahdi’s own, his attorney said last month: “Faced with barbaric and inhumane choices, Mikal Mahdi has chosen the lesser of three evils.” If it proceeds, Mahdi’s execution would be the latest in a recent string of events that have put the spotlight on the firing squad as a handful of US death penalty states explore alternatives to lethal injection, by far the nation’s dominant execution method.

I spent 16 years in solitary in South Carolina. This is what it did to me. | Opinion

South Carolinian Randy Poindexter writes about the effects 16 years of solitary confinement had on him ahead of South Carolina’s planned execution of Mikal Mahdi , who spent months in solitary as a young man. For 16 years, I lived in a concrete cell. Twenty-three hours a day, every day, for more than 3,000 days, South Carolina kept me in solitary confinement. I was a young man before I was sent to solitary — angry, untreated and unwell. I made mistakes. But I wasn’t sentenced to madness. That’s what solitary did to me. My mental health worsened with each passing day. At first, paranoia and depression set in. Then, hallucinations and self-mutilation. I talked to people who weren’t there. I cut myself to feel something besides despair. I could do nothing as four of my friends and fellow prisoners took their own lives rather than endure another day of torturous isolation.

South Carolina | Man who ambushed off-duty cop to face firing squad in second execution of its kind

Mikal Mahdi, 48, who was found guilty of killing an off-duty police officer and a convenience store worker, is the second inmate scheduled to executed by South Carolina's new firing squad A murderer who ambushed and shot an off duty police officer eight times before burning his body in a killing spree is set to become the second person to die by firing squad. South Carolina's highest court has rejected the last major appeal from Mikal Mahdi, 41, who is to be put to death with three bullets to the heart at 6pm on April 11 at the Broad River Correctional Institution in Columbia. Mahdi's lawyers said his original lawyers put on a shallow case trying to spare his life that didn't call on relatives, teachers or people who knew him and ignored the impact of weeks spent in solitary confinement in prison as a teen.

Louisiana | Lawyers of Jessie Hoffman speak about their final moments before execution

As Louisiana prepared its first execution in 15 years, a team of lawyers from Loyola Law were working to save Jessie Hoffman’s life. “I was a young lawyer three years out of law school, and Jessie was almost finished with his appeals at that time, and my boss told me we needed to file something for Jessie because he’s in danger of being executed,” Kappel said. Kappel and her boss came up with a civil lawsuit to file that said since they wouldn’t give him a protocol for his execution, he was being deprived of due process, and the lawsuit was in the legal process for the next 10 years.

Lethal Injection, Electric Chair, or Firing Squad? An Inhumane Decision for Death Row Prisoners

South Carolina resumed executions with the firing squad killing of Brad Sigmon last month. Mikal Madhi’s execution date is days away. The curtain shrieked as it was yanked open to reveal a 67-year-old man tied to a chair. His arms were pulled uncomfortably behind his back. The red bull’s-eye target on his chest rose and fell as he desperately attempted to still his breathing. The man, Brad Sigmon, smiled at his attorney, Bo King, seated in the front row before guards placed a black bag over his head. King said Sigmon appeared to be trying his best to put on a brave face for those who had come to bear witness.

Execution date set for prisoner transferred to Oklahoma to face death penalty

An inmate who was transferred to Oklahoma last month to face the death penalty now has an execution date. George John Hanson, also known as John Fitzgerald Hanson, is scheduled to die on June 12 for the 1999 murder of 77-year-old Mary Bowles.  The Oklahoma Court of Criminal Appeals on Tuesday set the execution date. The state’s Pardon and Parole Board has a tentative date of May 7 for Hanson’s clemency hearing, executive director Tom Bates said.

Arizona | The cruelty of isolation: There’s nothing ‘humane’ about how we treat the condemned

On March 19, I served as a witness to the execution of a man named Aaron Gunches, Arizona’s first since 2022. During his time on death row, he begged for death and was ultimately granted what is likely more appropriately described as an emotionless state-assisted suicide. This experience has profoundly impacted me, leading to deep reflection on the nature of death, humanity, and the role we play in our final moments. When someone is in the end stages of life, we talk about hospice care, comfort, care, easing suffering and humane death. We strive for a “good death” — a peaceful transition. I’ve seen good ones, and I’ve seen bad, unplanned ones.