3 4. Adopt the necessary legislative and other measures to ensure that the right embodied in Article 4(6) of the American Convention to request amnesty, pardon or commutation of sentence is effective in Guatemala. 5. Adopt the necessary legislative and other measures to ensure that the rights to personal integrity and to humane treatment embodied in Articles 5(1) and 5(2) of the American Convention are effective in Guatemala, in relation to the detention conditions of Ronald Raxcacó [Reyes]. 8. On December 19, 2003, the Commission forwarded Report on Merits No. 49/03 to the State and requested it to provide information on the measures adopted to comply with its recommendations within two months of the date on which the report was sent. In a note of the same date, the Commission informed the petitioners that it had adopted the said Report on Merits, in accordance with Article 50 of the Convention, and requested them to provide, within one month, the information referred to in Article 43(3) of its Rules of Procedure as regards their position concerning the possibility of filing the case before the Inter-American Court. 9. On January 26, 2004, after an extension had been granted, the petitioners presented their reply to the Commission’s communication of December 19, 2003, indicating that they wished the case to be filed before the Inter-American Court. 10. On July 22, 2004, after an extension had been granted, the State sent its response regarding the recommendations made by the Commission in Report on Merits No. 49/03. IV PROCEEDINGS BEFORE THE COURT 11. On September 18, 2004, the Inter-American Commission filed the application before the Court (supra para. 1) attaching documentary evidence, and offered testimonial and expert evidence. The Commission appointed Susana Villarán and Santiago A. Canton as delegates, and Ariel Dulitzky, Víctor Hugo Madrigal, María Claudia Pulido and Brian Tittemore as legal advisers. 12. On October 7, 2004, following a preliminary review of the application by the President of the Court (hereinafter “the President”), the Secretariat of the Court (hereinafter “the Secretariat”) notified it with the attachments to the State and informed the latter of the time limits for answering it and appointing its representatives for the proceedings. The same day, on the instructions of the President, the Secretariat informed the State that it had the right to appoint a judge ad hoc to take part in the consideration of the case. 13. On October 7, 2004, in accordance with the provisions of Article 35(1)(d) and (e) of the Rules of Procedure, the Secretariat notified the application to the representatives of the alleged victim (hereinafter “the representatives”); namely, CEJIL, ICCPG and IDPPG. 14. On November 26, 2004, after an extension had been granted, the State designated Herbert Estuardo Meneses Coronado as Agent, and Luis Ernesto Cáceres Rodríguez as Deputy Agent in this case. It also appointed Alejandro Sánchez Garrido as Judge ad hoc. 15. On December 7, 2004, the representatives submitted their brief with requests, arguments and evidence (hereinafter “requests and arguments brief”), to

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