7
2006, sentencing Mr. Fermín Ramírez to 40 years imprisonment (non-commutable) on
the count of aggravated rape. The defense filed a special appeal against such verdict,
which was decided over on November 2, 2006, by the Fourth Chamber of the Appellate
Court on Criminal, Drug-trafficking and Environmental Offenses matters, that
dismissed such appeal and, therefore, decided not to modify the judgment. On January
22, 2007, the Criminal Chamber of the Supreme Court of Justice would have denied
the appeal for annulment lodged by the defense of Mr. Fermín Ramírez. On July 2007,
according to the State, there were no modifications or remedies pending resolution and
the appeal for annulment was final.
5.
That the representatives did not refer to this aspect, but the Commission
requested the State to submit additional information on the progress of the stage of
appeals.
6.
That the State has submitted information regarding this aspect, and therefore,
it has been fully complied with. Nevertheless, this President considers relevant to
obtain further information to determine if such judgment is final or if there is some
remedy still pending resolution.
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7.
That, as to the State’s obligation to refrain from applying Article 132 of the
Criminal Code of Guatemala regarding the dangerousness of the agent, and adapt said
rule to the Convention within a reasonable time (operative paragraph eight of the
Judgment), the State informed that in the Judgment of June 21, 2006, the Tribunal
refrained from applying such rule with regard to Mr. Fermín Ramírez.
8.
That the representatives have pointed out that the State has failed to comply
with this aspect, since up to August 2007, no bill was submitted to the Parliament in
order to amend Article 132 of the Criminal Code of Guatemala. Besides, they recalled
that the Commission of Legislation and Constitutional Affairs [Comisión de Legislación
y Puntos Constitucionales] has quashed a bill intended to repeal the death sentence for
the crimes of kidnapping and murder. Furthermore, they informed that seven convicts
under the provisions of Article 132 of the Penal Code of Guatemala, are in risk of being
executed, since the State has neither revoked nor commuted the death sentence. In
this sense, they asserted that the Criminal Chamber of the Supreme Court of Justice
has denied several appeals for review that were intended to set aside the death
sentences, and that officers of the State have also publicly affirmed the need to
accelerate the executions.
9.
That the Commission took note that the part of Article 132 of the Penal Code of
Guatemala regarding the dangerousness has not been applied to Mr. Fermín Ramírez,
but it emphasized that the State made no reference as to the possible application of
said rule to other criminal procedures. Moreover, it considered essential that the State
informs on the measures adopted to fully comply with this aspect; specially, if any
general instruction has been given in order to avoid the application of the criteria of
dangerousness to other criminal procedures.
10.
That this President considers that the State should inform on the measures
adopted to comply with this aspect of the Judgment, in particular, with regard to the
entry into force and application of said provisions of the Criminal Code to other
procedures, since there is no information related to such issue in the reports.
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