10
B)
Regarding the case of Raxcacó Reyes
26.
That as to the amendment of Article 201 of the Criminal Code (operative
paragraph five of the Judgment), the State has submitted no information.
27.
That the representatives stated that, “there is no bill in the Congress […]
intended to amend Article 201.”
28.
That the Commission is still waiting for further information in such regard.
29.
That this President considers that the State should inform on the measures
already adopted in order to comply with this aspect of the Judgment.
*
*
*
30.
That with regard to the State’s duty to abstain from applying the death penalty
and executing those convicted of the crime of kidnapping or abduction (operative
paragraph six of the Judgment), the State informed that a person sentenced to death
penalty was released,2 has commuted the death sentence of two convicts to a time
imprisonment,3 decreed the provisional stay of execution of another convict,4 and that
the appeal for review of seven convicts are still pending resolution.5
31.
That the representatives stated that even though as from the Judgment
delivered by the Court in the instant case “the courts have not imposed any death
sentence based on the terms of Article 201 of the [C]riminal [C]ode, the Supreme
Court of Justice, through the Criminal Chamber, has affirmed 6 death sentences
denying the appeals for revision filed.” Furthermore, they expressed that the Court on
Constitutional Affairs denied a writ of amparo lodged by a convict6 and that at the
moment, said tribunal has taken up 4 cases involving writs of amparo "but has not
delivered no judgment yet.”
32.
That the Commission is still waiting for further information in such regard.
33.
That this President considers that the State should inform on the measures
already adopted in order to comply with this aspect of the Judgment.
*
*
*
34.
That as to the obligation of the State to adopt legislative and administrative
measures to establish a procedure that ensures that any person condemned to death
has the right to apply for pardon or commutation of sentence (operative paragraph
seven of the Judgment), the parties submitted information similar to the information
presented in the case of Fermín Ramírez (supra Considering clauses 14 to 16).
*
*
*
2
Mr. Ramiro Geovanny Marroquín. The representatives argued that this information was not correct
and that Mr. Marroquín is waiting for the execution of the judgment delivered against him.
3
Mr. Marvín Arnoldo Ramos Rosales and Pablo Arturo Ruiz Almengor.
4
Mr. Bernardino Rodríguez Lara. This stay obeys to the provisional measures ordered by the Court in
the case of Raxcacó Reyes et al.
5
Mr. Carlos Enrique Chun Choc, Gustavo Adolfo Carranza Castañeda, Carlos Amílcar González Díaz,
Waldemar Hidalgo Marroquí, Jaime Raúl Quezada Corso and Aurelio Díaz González.
6
Mr Jorge Arturo Mazate Paz.