Order of the Inter-American Court of Human Rights of November 21, 2007 Case of Raxcacó-Reyes et al v. Guatemala (Provisional Measures) HAVING SEEN: 1. The Order of the Inter-American Court of Human Rights (hereinafter “the Court”, “the Inter-American Court” or “the Tribunal”) issued on August 30, 2004, whose first Operative paragraph decided: To require that the State adopt, without delay, the measures necessary to protect the life of Ronald Ernesto Raxcacó-Reyes, Hugo Humberto Ruiz-Fuentes, Bernardino RodríguezLara, and Pablo Arturo Ruiz-Almengor so that the processing of their cases before the Inter-American system for the protection of human rights is not hindered. 2. The Judgment on merits, reparations, and costs issued by the Inter-American Court on September 15, 2005 in the case of Raxcacó-Reyes against the State of Guatemala (hereinafter “the State” or “Guatemala”), in which the Tribunal decided, 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 the […]Judgment. […] 15. The State’s obligations within the framework of the provisional measures ordered by this Tribunal in the present case are replaced, exclusively in what refers to Mr. RaxcacóReyes, by those ordered in [the] Judgment, as of the date of notification of the same. 3. The Order of the Tribunal of July 4, 2006, through which it decided “to end the provisional measures ordered in favor of Mr. Hugo Humberto Ruiz-Fuentes.” 4. to: The Order of the Court of February 2, 2007, through which it decided, inter alia, 2. Reiterate to the State that it must maintain the measures necessary to protect the life of Bernardino Rodríguez-Lara and Pablo Arturo Ruiz-Almengor in order to avoid that the processing of their cases before the Inter-American system for the protection of human rights be hindered.