-2-
7.
The State must hold, within a reasonable period of time, a new trial against Mr.
Fermín Ramírez, satisfying the demands of the due process of law, with all the
guarantees of hearings and defense for the accused. If he is charged with the crime of
murder, classification that was in force when the facts that he was charged with
occurred, the current criminal legislation must be applied with the exclusion of the
reference to dangerousness, in the terms of the following Operative Paragraph.
8.
The State must refrain from applying the part of Article 132 of the Criminal
Code of Guatemala that refers to the dangerousness of the agent and modify it within a
reasonable period of time, adjusting it to the American Convention, pursuant to the
established in Article 2 of the same, thus guaranteeing the respect for freedom from ex
post facto laws, enshrined in Article 9 of the same international instrument. The
reference to the dangerousness of the agent included in this stipulation must be
eliminated.
9.
The State must refrain from executing Mr. Fermín Ramírez, whichever the
result of the trial referred to in Operative Paragraph seven.
10.
The State must adopt, within a reasonable period of time, the legislative and
administrative measures necessary to establish a procedure that guarantees that every
person sentenced to death has the right to request pardon or commutation of the
sentence, pursuant to a regulation that determines the authority with the power to grant
it, the events in which it proceeds and the corresponding procedure; in these cases the
sentence must not be executed while the decision regarding the pardon or commutation
of the sentence requested is pending.
11.
The State must provide Mr. Fermín Ramírez, prior manifestation of his consent
for these effects, as of the notification of the present Judgment and for the time
necessary, without any cost and through the national health services, with an adequate
treatment, including the supply of medications.
12.
The State must adopt, within a reasonable period of time, the measures
necessary so that the conditions of the prisons adjust to the international norms of
human rights.
13.
The State must pay the reimbursement of expenses within the one-year term
as of the notification of the present judgment, in the terms of paragraphs 131 through
137 of this Judgment.
14.
The obligations of the State within the framework of the provisional measures
ordered are replaced by those ordered in this Judgment, once the State ensures
compliance of Operative Paragraphs 7, 8, and 9 of the present Judgment.
15.
It will supervise compliance of this Judgment in an integrated manner, in the
exercise of its powers and in compliance of its duties pursuant to the American
Convention, and will consider this case closed once the State has fully implemented that
stated in it. Within one year of notification of this Judgment, the State must present to
the Court a report of the measures adopted for its execution.
2.
The brief of July 27, 2005, whereby the Instituto de Estudios Comparados en
Ciencias Penales (Institute of Comparative Studies of Criminal Sciences) of
Guatemala, representative of Fermín Ramírez (hereinafter “the representatives”),
submitted an “article published in the Guatemalan newspaper "Siglo XXI" on June
26, 2005 on the judgment delivered by the [...] Inter-American Court" in the instant
case and informed that said Institute asked the newspaper to recant the allegations
for being “fallacious and inaccurate.”
3.
The Order of the Court of September 9, 2005, whereby it decided to rescind
the provisional measures ordered in favor of Fermín Ramírez on December 21, 2004
by the President and ratified by the Court on March 12, 2005, and whereby it: