-12with all the guarantees of hearings and defense for the accused
(Operative Paragraph number seven);
b)
Refrain from applying the part of Article 132 of the Criminal Code of
Guatemala that refers to the dangerousness of the agent and adapt it
to the Convention within a reasonable time (Operative Paragraph
number eight);
c)
Refrain from execute Fermín Ramírez, whichever the outcome of the
trial referred to in Operative Paragraph seven (Operative Paragraph
number nine);
d)
Adopt the legislative and administrative measures necessary to
establish a procedure that guarantees that every person sentenced to
death has the right to request a pardon or commutation of the
sentence (Operative Paragraph number ten);
e)
Provide Fermín Ramírez with an adequate treatment (Operative
Paragraph number eleven);
f)
Adopt, within a reasonable time limit, the necessary measures to
ensure that prison conditions conform to international standards on
human rights (Operative Paragraph number twelve);
AND DECIDES:
1.
To require the State to take the necessary measures to fully and immediately
comply with the Operative Paragraphs pending fulfillment of the Judgment on the,
merits and reparations delivered by the Court on June 20, 2005 and this Order,
according to the provisions of Article 68(1) of the American Convention on Human
Rights.
2.
To require the State to submit to the Court, before January 19, 2007, a
detailed report on the actions taken in order to comply with the reparations ordered
by the Court which are still pending, as set forth in Considering clauses number nine
to sixteen and declaratory paragraph two of this Order.
3.
To request the representatives of Fermín Ramírez and the Inter-American
Commission on Human Rights to file comments on the brief of the State within four
and six weeks, respectively, as from the date of receipt of the report.
4.
To continue monitoring compliance with the unfulfilled paragraphs of the
Judgment on the merits and reparations of June 20, 2005.
5.
To notify this Order to the State, the Inter-American Commission on Human
Rights and the representatives.