3
Correctional Farms and Compliance Programs in charge of the General Directorate of
the Prison System [Reglamento Interno de las Granjas Modelo de Rehabilitación y
Cumplimiento de Condenas a Cargo de la Direccion General del Sistema Penitenciario]
to which the State referred in its first compliance report and in addition, the State was
granted an extension until March 1, 2007 to submit the additional report. Said note
was repeated on April 20 and June 25, 2007, but the requested information has not
been submitted by the time of the delivery of this Order.
B)
Case of Raxcacó Reyes.
7.
The Judgment on the merits, reparations and costs delivered on September 15,
2005, by which it was declared, 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 […] judgment.
7.
The State shall adopt, within a reasonable period, a procedure that ensures that any
person condemned to death has the right to apply for and, if applicable, obtain pardon or
commutation of sentence, in accordance with a regulation that establishes the authority
empowered to grant this, the presumptions of admissibility and the respective procedure. In
such cases, the sentence shall not be executed while the decision on the pardon or
commutation of sentence applied for is pending.
8.
The State shall annul the punishment imposed on Mr. Raxcacó Reyes in the judgment
of the Sixth Court for Criminal Sentencing, Drug-Trafficking and Environmental Crimes […]
within a reasonable time and, without the need for a new trial, shall decide another punishment
which, under no circumstances, may be the death penalty. The State shall ensure that the new
punishment is proportionate to the nature and seriousness of the crime prosecuted and takes
into account any attenuating or aggravating circumstances related to the case; to this end,
before delivering judgment, it shall offer the parties the opportunity to exercise their right to a
hearing.
9.
The State shall adopt, within a reasonable time, the necessary measures to adapt
prison conditions to the corresponding international standards.
10.
The State shall provide Mr. Raxcacó Reyes, as of notification of [...] judgment and
after he has expressed his consent, for the time necessary, without any cost and through the
national health services, with adequate medical and psychological treatment, including the
medication prescribed by duly qualified specialists.
11.
The State shall adopt, as of notification of […] judgment, the necessary measures to
enable Mr. Raxcacó Reyes to receive periodic visits from Olga Isabel Vicente.
12.
The State shall adopt, within a reasonable time, the educational, work-related and
other measures necessary to ensure the social readaptation of Mr. Raxcacó Reyes when he has
served the sentence imposed in accordance with the eighth operative paragraph of […]
judgment.
13.
The State shall publish, within one year from notification of […] judgment, in the
official gazette and in another newspaper with widespread national circulation, at least once,
the chapter on Proven Facts, paragraphs 65, 66, 72, 81, 82, 85, 86, 102 and 113,
corresponding to Chapters VIII, IX, X and XI, and the first to sixteenth operative paragraphs of
[…] judgment.
The publication shall include the titles of the said chapters and omit the
footnotes.