14
63.
That the representatives argued that the new Guatemalan legislation does not
adjust to the American Convention inasmuch as it enshrines a measure of grace that
shall be a previous bureaucratic formalism that will not be intended to comply with its
role of protecting the right to life.
64.
That according to the documentation provided by the Commission, at least, 25
persons would be sentenced to death in Guatemala and would be adversely affected by
an allegedly ineffective measure of grace.
65.
That according to the information provided by the parties, even though the
President veto Decree N° 6-2008, such veto could be denied by the Congress of the
Republic, in accordance with the terms of Article 179 of the Guatemalan Constitution.
66.
That this President considers relevant that the Tribunal receives further
information from the parties.
*
*
*
67.
That this President considers it is essential for the Inter-American Court to
receive thorough and updated information on the compliance with the Judgments
delivered in the above mentioned cases and listen to the observations made by the
Inter-American Commission and the victims’ representatives, as well as the position of
the parties with regard the request for extension of the provisional measures.
68.
That monitoring compliance with the Judgments delivered by the InterAmerican Court has been carried out through a written procedure, in which the
responsible State must submit reports requested by the Tribunal and, in view of such
reports, the Inter-American Commission and the victims or their legal representatives
may submit the corresponding observations. Without prejudice to the foregoing, the
Tribunal itself has recognized that, if necessary and convenient, it may call upon the
parties to hold a hearing in order to listen to the arguments raised regarding the
compliance with the judgment.10
69.
That though the request for provisional measures is, under the terms of Article
25(7) of the Rules of Procedure, subjected to a public hearing, in the instant case, the
request for extension of the provisional measures filed by the beneficiaries’
representatives is related to the compliance with the Judgments delivered by the Court
in the cases of Fermín Ramírez and Raxcacó Reyes, inasmuch as it refer to operative
paragraph ten and seven, respectively, thus, such request shall be examined in a
private hearing.
THEREFORE:
THE PRESIDENT OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
By virtue of the authority granted by Articles 63(2), 67 and 68(1) of the American
Convention on Human Rights, Article 25(1) and 25(2) of the Statute of the Court and
Articles 4, 14(1), 25(7) and 29(2) of the Rules of Procedure of the Court and in
consultation with the other Judges of this Tribunal,
10
Cf. Case of Baena Ricardo et al. Competence. Judgment of November 28, 2003. Series C No. 104,
para. 105 and 106.