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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