8
On doctor’s orders, he should exercise, but, owing to the limited space, he can only
walk in the small yard of his cell, backwards and forwards, ten steps in each
direction, and do squats.
Even though he has suffered from severe pain in different parts of his body, only the
nurse on duty visited him up until 2003. As of that year, he began to receive visits
from doctors, but they do not have the necessary equipment to evaluate him
adequately and do not provide him with medication, which he himself has to acquire.
He has not received any type of support to help him come to terms with his death
sentence.
Faced with the denial of the judicial remedies he has filed and the possibility that he
may be executed, the witness would prefer to kill himself before making an
exhibition of himself “before the people of Guatemala and the whole world.” In order
to endure his prison sentence, he thinks of his daughter and his mother, and about
saving money for them, and he talks to friends within the sector.
His wife was sentenced to 20 years of imprisonment, so that, despite making the
respective requests, they have not seen each other since the judgment was
delivered. He sometimes calls her on Tuesdays; not always, because she has to pay
for the telephone calls she receives.
It is not possible to study in maximum security sector 11, contrary to other sectors
where primary education, baccalaureate, computer and other courses have been
offered. The alleged victim believes that he is discriminated against, because he is
considered a “disgrace to society.”
b)
Testimony of Ovidio Girón Vásquez, Mr. Raxcacó Reyes’ defense
lawyer in the domestic jurisdiction
The witness stated that, in 1999, he was assigned to the case of Mr. Raxcacó Reyes,
in his capacity as a defense lawyer of the Appeals Unit of the Instituto de la Defensa
Pública Penal de Guatemala (IDPPG). He prepared the special appeal against the
judgment delivered by the Sixth Court for Criminal Sentencing, Drug-Trafficking and
Environmental Crimes which had sentenced Mr. Raxcacó Reyes to death. Among
other grounds, he argued that Article 4(2) of the American Convention had been
violated, because the death penalty had been extended to a new crime, and because
the punishment should be proportionate to the harm caused and not in excess of it.
He filed an appeal for annulment against the judgment of the Fourth Chamber of the
Court of Appeal before the Supreme Court of Justice and, finally, he filed a
constitutional application for amparo before the Constitutional Court in its capacity as
a special court of amparo. The three remedies were declared inadmissible.
The witness also filed a remedy for commutation of sentence in favor of Mr. Raxcacó
Reyes but, owing to the annulment of Decree No. 159, the President of the Republic
refused to admit it officially, on the pretext that there was no legally established
procedure and no competent authority for processing it.
Currently, Mr. Raxcacó Reyes is imprisoned in sector 11 of the Zone 18 Men’s
Preventive Detention Center. He was transferred to this Center to protect the
prisoner and owing to the severity of his sentence. The actual conditions and regime
in the detention center are very limited as regards space, and he is kept in a small
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