"he Commission considers that the State’s conduct in introducing evidence of unadjudicated foreign crimes during Mr. Garza’s capital sentencing hearing was antithetical to the most basic and fundamental judicial guarantees applicable in attributing responsibility and punishment to individuals for crimes. Accordingly, the Commission finds that the State is responsible for imposing the death penalty upon Mr. Garza in a manner contrary to his right to a fair trial under Article XVIII of the American Declaration, as well as his right to due process of law under Article XXVI of the Declaration. (...) The Commission also concludes that, by sentencing Mr. Garza to death in this manner, and by scheduling his execution for December 12, 2000 and thereby exhibiting its clear intention to implement Mr. Garza's sentence, the State had placed Mr. Garza's life in jeopardy in an arbitrary and capricious manner, contrary to Article I of the Declaration. In addition, to execute Mr. Garza pursuant to this sentence would constitute a further deliberate and egregious violation of Article I of the American Declaration.".