2
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