15
Order of the President of the
Inter-American Court of Human Rights
of March 28, 2008
Case of Fermín Ramírez v. Guatemala
(Monitoring Compliance with Judgment)
Case of Raxcacó Reyes et al. v. Guatemala
(Monitoring Compliance with Judgment)
Case of Raxcacó Reyes et al.
Request for the Extension of Provisional Measures
Having seen:
A) Case of Fermín Ramírez
1. The Judgment on the merits, reparations and costs delivered by the Inter-American Court of Human Rights (hereinafter, the "Court", "the Inter-American Court” or the “Tribunal”), fully notified to the State on July 15, 2005, by which it was unanimously ruled that:
7. The State must hold, within a reasonable period of time, a new trial against Mr. Fermín Ramírez, satisfying the demands of the due process of law, with all the guarantees of hearings and defense for the accused. If he is charged with the crime of murder, classification that was in force when the facts that he was charged with occurred, the current criminal legislation must be applied with the exclusion of the reference to dangerousness, in the terms of the following operative paragraph.
8. The State must abstain from applying the part of Article 132 of the Criminal Code of Guatemala that refers to the dangerousness of the agent and modify it within a reasonable period of time, adjusting it to the American Convention, pursuant to what was established in Article 2 of the same, thus guaranteeing the respect for freedom from ex post facto laws, enshrined in Article 9 of the same international instrument. The reference to the dangerousness of the agent included in this stipulation must be eliminated.
9. The State must abstain from executing Mr. Fermín Ramírez, whichever the result of the trial referred to in Operative Paragraph seven.
10. The State must adopt, within a reasonable period of time, the legislative and administrative measures necessary to establish a procedure that guarantees that every person sentenced to death has the right to request pardon or commutation of the sentence, pursuant to a regulation that determines the authority with the power to grant it, the events in which it proceeds and the corresponding procedure; in these cases the sentence must not be executed while the decision regarding the pardon or commutation of the sentence requested is pending.
11. The State must provide Mr. Fermín Ramírez, prior manifestation of his consent for such effect, as of the notification of […] Judgment and for the time necessary, without any cost and through the national health service, with an adequate treatment, including the supply of medications.
12. The State must adopt, within a reasonable period of time, the measures necessary so that the conditions of the prisons adjust to the international rules of human rights.
13. The State must pay the reimbursement of expenses within the one-year term as of the notification of […] judgment, in the terms of paragraphs 131 through 137 of [the] Judgment.
14. The obligations of the State within the framework of the provisional measures ordered are replaced by those ordered in [the] Judgment, once the State ensures compliance of Operative Paragraphs 7, 8, and 9 of the […] Judgment.
[…]
2. The Order of the Court of September 22, 2006, whereby it:
DECLARED:
1. That, in accordance with Considering clause number eight of [...] Order, the State has complied with the provisions of Operative Paragraph thirteen of the Judgment on the merits and reparations delivered by the Court on June 20, 2005, as it effectively made reimbursement of costs and expenses to the Instituto de Estudios Comparados en Ciencias Penales of Guatemala (Institute of Comparative Studies of Criminal Sciences) under the provisions of paragraphs 131 to 137 of the Judgment
2. That it will keep open the proceedings for monitoring compliance with the aspects pending fulfillment, namely the obligations to:
a) Effectively conduct, within a reasonable time, a new trial against Fermín Ramírez, satisfying the demands of the due process of law, with all the guarantees of hearings and defense for the accused (Operative Paragraph number seven);
b) Refrain from applying the part of Article 132 of the Criminal Code of Guatemala that refers to the dangerousness of the agent and adapt it to the Convention within a reasonable time (Operative Paragraph number eight),
c) Refrain from executing Fermín Ramírez, whichever the outcome of the trial referred to in Operative Paragraph seven (Operative Paragraph number nine);
d) Adopt the legislative and administrative measures necessary to establish a procedure that guarantees that every person sentenced to death has the right to request a pardon or commutation of the sentence (Operative Paragraph number ten);
e) Provide Fermín Ramírez with an adequate treatment (Operative Paragraph number eleven);
f) Adopt, within a reasonable time limit, the necessary measures to ensure that prison conditions conform to international standards on human rights (Operative Paragraph number twelve);
AND DECIDE[D]:
1. To require the State to take the necessary measures to fully and immediately comply with the Operative Paragraphs pending fulfillment of the Judgment on the merits and reparations delivered by the Court on June 20, 2005 and [...] Order, according to the provisions of Article 68(1) of the American Convention on Human Rights
[…]
3. The briefs submitted on January 19, July 18, August 2 and November 7, 2007, by which the State of Guatemala informed on the progress made regarding the compliance with the Judgment delivered in the instant case.
4. The briefs submitted by the representatives of Mr. Fermín Ramírez on August 23, 2007 and January 11, 2008, by which he made observations to the already mentioned State's reports.
5. The briefs submitted by the Inter-American Commission of Human Rights (hereinafter, the “Commission” or the “Inter-American Commission”) on September 19, and December 21, 2007, by which the Commission made observations to the already mentioned State’s reports.
6. The note of the Secretariat of the Court (hereinafter, the “Secretariat”) of January 29, 2007, by which the State was ordered to send a copy of the Prison Act [Ley de Régimen Penintenciario] and of the Internal Rules of Rehabilitation Correctional Farms and Compliance Programs in charge of the General Directorate of the Prison System [Reglamento Interno de las Granjas Modelo de Rehabilitación y Cumplimiento de Condenas a Cargo de la Direccion General del Sistema Penitenciario] to which the State referred in its first compliance report and in addition, the State was granted an extension until March 1, 2007 to submit the additional report. Said note was repeated on April 20 and June 25, 2007, but the requested information has not been submitted by the time of the delivery of this Order.
B) Case of Raxcacó Reyes.
7. The Judgment on the merits, reparations and costs delivered on September 15, 2005, by which it was declared, inter alia, that:
5. The State shall modify, within a reasonable time, Article 201 of the Penal Code in force, in order to define various specific crime categories that distinguish the different forms of kidnapping or abduction, based on their characteristics, the gravity of the facts, and the circumstances of the crime, with the corresponding provision of different punishments, proportionate to each category, and also the empowerment of the courts to individualize punishments in keeping with the specifics of the crime and the perpetrator, within the maximum and minimum limits that each crime category should include. This modification shall, under no circumstances, expand the list of crimes punishable with the death penalty established prior to ratification of the American Convention.
6. While carrying out the modifications indicated in the previous paragraph, the State shall abstain from applying the death penalty and executing those convicted of the crime of kidnapping or abduction, in the terms of paragraph 132 of […] judgment.
7. The State shall adopt, within a reasonable period, a procedure that ensures that any person condemned to death has the right to apply for and, if applicable, obtain pardon or commutation of sentence, in accordance with a regulation that establishes the authority empowered to grant this, the presumptions of admissibility and the respective procedure. In such cases, the sentence shall not be executed while the decision on the pardon or commutation of sentence applied for is pending.
8. The State shall annul the punishment imposed on Mr. Raxcacó Reyes in the judgment of the Sixth Court for Criminal Sentencing, Drug-Trafficking and Environmental Crimes […] within a reasonable time and, without the need for a new trial, shall decide another punishment which, under no circumstances, may be the death penalty. The State shall ensure that the new punishment is proportionate to the nature and seriousness of the crime prosecuted and takes into account any attenuating or aggravating circumstances related to the case; to this end, before delivering judgment, it shall offer the parties the opportunity to exercise their right to a hearing.
9. The State shall adopt, within a reasonable time, the necessary measures to adapt prison conditions to the corresponding international standards.
10. The State shall provide Mr. Raxcacó Reyes, as of notification of [...] judgment and after he has expressed his consent, for the time necessary, without any cost and through the national health services, with adequate medical and psychological treatment, including the medication prescribed by duly qualified specialists.
11. The State shall adopt, as of notification of […] judgment, the necessary measures to enable Mr. Raxcacó Reyes to receive periodic visits from Olga Isabel Vicente.
12. The State shall adopt, within a reasonable time, the educational, work-related and other measures necessary to ensure the social readaptation of Mr. Raxcacó Reyes when he has served the sentence imposed in accordance with the eighth operative paragraph of […] judgment.
13. The State shall publish, within one year from notification of […] judgment, in the official gazette and in another newspaper with widespread national circulation, at least once, the chapter on Proven Facts, paragraphs 65, 66, 72, 81, 82, 85, 86, 102 and 113, corresponding to Chapters VIII, IX, X and XI, and the first to sixteenth operative paragraphs of […] judgment. The publication shall include the titles of the said chapters and omit the footnotes.
14. The State shall make the payment for reimbursement of expenses within one year of notification of […] judgment, in the terms of paragraph 138 of [the] Judgment.
[…]
8. The Interpretation of the Judgment on the merits, reparations and costs delivered by the Tribunal on February 6, 2006.
9. The briefs of October 13 and December 19, 2006, March 6, March 8, April 11, May 8, July 9, October 2 and December 13, 2007, by which the State informed on the progress made regarding the compliance with the Judgment.
10. The communications of January 19, April 12, May 8, May 16, August 7, November 5, 2007 and January 16, 2008, by which the victims’ representatives submitted their observations to the State’s reports.
11. The briefs of February 8, April 27, May 30, June 22, September 4, December 21, 2007 and January 24, 2008, by which the Inter-American Commission submitted the observations to the State’s reports.
C) Request for extension of provisional measures in the case of Raxcacó Reyes et al.
12. The Order of the Court delivered on August 30, 2004, in the first operative paragraph of which it was decided:
To require the State to adopt forthwith the necessary measures to protect the lives of Ronald Ernesto Raxcacó-Reyes, Hugo Humberto Ruiz-Fuentes, Bernardino Rodríguez-Lara and Pablo Arturo Ruiz-Almengor so as not to hinder the processing of their cases before the inter-American system for the protection of human rights.
13. The Judgment on the merits, reparations and costs delivered by the Inter-American Court in the case of Raxcacó Reyes (supra Having Seen clause 7) by which the Tribunal decided that:
15. The State’s obligations in the context of the provisional measures ordered by the Court in the instant case are replaced, exclusively with regard to Mr. Raxcacó Reyes, by those ordered in [the] judgment, as of the date on which it is notified.
14. The Order of the Court of April 20, 2006, by which the Tribunal rejected the request for extension of provisional measures in favor of Mr. Tirso Román Valenzuela Ávila filed by the beneficiaries’ representatives.
15. The Order of the Tribunal of July 4, 2006, by which it was decided to “close the file on the provisional measures ordered in favor of Mr. Hugo Humberto Ruiz Fuentes.”
16. The Order of the Court of February 2, 2007, by which it was decided to maintain those measures necessary to protect the life of Bernardino Rodríguez Lara and Pablo Arturo Ruiz Almengor.
17. The Order of the Court of November 21, 2007, by which it was decided to lift the provisional measures regarding Mr. Pablo Arturo Ruiz Almengor and keep the measures necessary to protect the life of Mr. Bernardino Rodríguez Lara.
18. The brief of February 28, 2008, by which the representatives of the beneficiaries of these measures requested the extension of the measures hereof "in favor of all the people who are sentenced to death" in Guatemala. The alleged facts on which the request for extension is based are the following: