46. On July 30, 1997, Messrs. Rodríguez Revolorio, López Calo, and Archila Pérez filed an appeal for review of the judgment handed down by the Criminal Sentencing Court. On February 18, 1998, the Criminal Chamber of the Supreme Court of Justice dismissed the appeal for review.49 Rodriguez Revolorio, Lopez Calo, and Archila Perez filed an appeal for reconsideration against that decision, which was dismissed on March 3, 1998.50 47. On April 15, 1998, Mr. López Calo filed an application for amparo against the decision of February 18, 1998, which dismissed the appeal for review and the decision of March 3, 1998, which dismissed the appeals for reconsideration filed against the previous decision of February 18, 1998.51 On June 18, 1998, the Constitutional Court dismissed the amparo requested by Mr. López Calo.52 48. Mr. Archila Pérez died on July 16, 1999.53 Years later, Mr. Rodríguez Revolorio and Mr. López Calo filed a new appeal for review of the aforementioned judgment of the Criminal Sentencing Court, arguing that the facts on which their conviction was based were inconsistent with a judgment of the Inter-American Court of Human Rights of 200554 and a judgment of the Supreme Court of Justice.55 On July 2, 2012, the Supreme Court upheld the appeal and decided to partially annul the judgment with regard to the imposition of the death penalty, imposing instead "the immediate superior penalty to the death penalty, in force at the time of the commission of the crime, which was 30 years of noncommutable imprisonment".56 49. On November 15, 2013, the First Pluripersonal Criminal Enforcement Court established that the alleged victims would serve their full sentence on February 10, 2025, would be entitled to the benefit of good conduct, and would be eligible to apply for parole on August 12, 2017.57 Mr. Rodríguez Revolorio and Mr. López Calo were finally released on April 14 and August 23, 2016, respectively, under the benefit of remission of sentence for work and good conduct.58 Mr. López Calo died on January 11, 2017, of a heart attack.59 VIII MERITS 50. In the instant case, the Commission and the representatives contend that the death sentence imposed on Mr. Rodríguez Revolorio, Mr. López Calo, and Mr. Archila Pérez was carried out after considering that they would be dangerous in the future and in the context of a criminal proceeding in which there were serious violations of the right to due process. They also considered that the right Cf. Appeal for review no. B-97, Criminal Chamber of the Supreme Court of Justice, February 18, 1998. B-97, Criminal Chamber of the Supreme Court of Justice, February 18, 1998 (evidence file, folios 2352 to 2357). 50 Cf. Amparo Judgment in Sole Instance before the Constitutional Court, in its capacity as Extraordinary Court of Amparo, of June 18, 1998 (evidence file, folio 2359). 51 Cf. Amparo Judgment in Sole Instance before the Constitutional Court, in its capacity as Extraordinary Court of Amparo, of June 18, 1998 (evidence file, folio 2359). 52 Cf. Amparo Judgment in Sole Instance before the Constitutional Court, in its capacity as Extraordinary Court of Amparo, of June 18, 1998 (evidence file, folios 2359 to 2365). 53 Death certificate of Aníbal Archila Pérez issued by the Civil Registry of the Municipality of Escuintla, dated June 21, 2000 (evidence file, folio 1329). 54 Cf. Case of Fermín Ramírez v. Guatemala, supra. 55 Review judgment handed down in the case of Juan Pablo Rafael Eduardo Ocampo Alcalá, in which the review was declared admissible and the death sentence was commuted to a prison sentence. Judgment of the Criminal Chamber of the Supreme Court of Justice of July 2, 2012 (evidence file, folio 2369). 56 Cf. Judgment of the Criminal Chamber of the Supreme Court of Justice of July 2, 2012 (evidence file, folios 2376, 2377 and 2379). 57 Cf. Communication from the General Secretariat of the Presidency of June 28, 2018 (evidence file, folio 2392). 58 Cf. Communication from the General Secretariat of the Presidency of June 28, 2018 (evidence file, folio 2392). 59 Death certificate of Miguel Ángel López Calo issued by the Civil Registry of the Municipality of Guatemala, Department of Guatemala, death no. 162576 (evidence file, folio 1322). 49 15

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