-8*
*
*
8.
That, in monitoring comprehensive compliance with the Judgment on the
merits and reparations in the instant case, and after having analyzed the information
supplied by the State, the Inter-American Commission and the representatives, the
Court has verified that the State has fully complied with the obligation to reimburse
costs and expenses to the Instituto de Estudios Comparados de Ciencias Penales
(Institute of Comparative Studies of Criminal Sciences) of Guatemala, as ordered in
Operative Paragraph 13 of the Judgment.
*
*
*
9.
That, as regards the new proceedings against Fermín Ramírez, the Court
notes that the State has duly conducted a new public trial on May 9, 2006. In this
regard, the Court expresses its satisfaction with the provisions of Agreement No. 962006 entered into by the Supreme Court of Justice of Guatemala and which has
become an important precedent for the Inter-American system in connection with
compliance with judgments passed by this Court. This agreement provides:
CONSIDERING:
That the State of Guatemala ratified the American Convention […]; furthermore, […] it
accepted without any special convention the binding ipso facto jurisdiction of the InterAmerican Court [...], in cases related to the interpretation and application of the
Convention.
CONSIDERING:
That, pursuant to the acceptance by the State of Guatemala of the contentious
jurisdiction of the Inter-American Court of Human Rights, the rulings delivered by it on
the interpretation and application of the American Convention on Human Rights are final
and not subject to appeal, the State having committed, under Article 68 of the
Convention, to comply with the judgments of the Court.
CONSIDERING:
That, on the twentieth day of June of the year two thousand and five, the InterAmerican Court of Human Rights, based on the application filed against the State of
Guatemala, delivered a Judgment in the “Case of Fermín Ramírez v. Guatemala”,
ordering the State to institute, within a reasonable time, new proceedings against
Fermín Ramírez satisfying the demands of the due process of law, with all the
guarantees of hearings and defense for the accused; as a result, the proceedings
conducted against Fermín Ramírez or Fermín Ramírez Ordóñez for the crime of
aggravated rape are thereby set aside.
CONSIDERING:
That, based on the binding nature of the judgment of the Inter-American Court of
Human Rights, said ruling must be complied with; therefore, it is pertinent to appoint
the Tribunal de Sentencia Penal, Narcoactividad y Delitos contra el Ambiente (Court for
Criminal, Drug-trafficking and Environmental Offenses) in and for Escuintla so that it
may conduct the public trial against Fermín Ramírez o Fermín Ramírez Ordóñez, taking
into account that said judicial authority has geographical jurisdiction over the case and is
composed of judges who did not take part in the previous proceedings.
NOW, THEREFORE:
Based on the foregoing and by virtue of the provisions of Articles 1, 2, 12, 14, 44, 46,
140, 141, 149, 152, 153, 154 and 203 of the Political Constitution of the Republic of
Guatemala; and Articles 1, 8, 25, 33, 61, 62, 63 and 67 of the American Convention on
Human Rights, in the exercise of the powers granted under Articles 52, 54(d), 55(b) and
98 of the Judiciary Law, and pursuant to the judgment of the Inter-American Court of
Human Rights of the twentieth day of June of the year two thousand and five,