-3-
[CONSIDERED]:
4.
That the provisional measures were ordered in a case submitted to the
jurisdiction of the Court as regards the merits, reparations and costs, with the purpose
of protecting the rights to life and humane treatment of Fermín Ramírez, who was
sentenced to the death penalty and whose execution was imminent. Said measures
would also prevent, inter alia, any reparation ordered by the Court in favor of the
alleged victim from rendering ineffective.
[…]
6.
That in delivering said Judgment on the merits, reparations and costs, the
Court ordered, inter alia, that "the State must abstain from executing Mr. Fermín
Ramírez, whichever the result of the [new] trial referred to in Operative Paragraph
seven" of said Judgment. Therefore, the obligation to respect the rights to life and
humane treatment of Fermín Ramírez, initially imposed by means of the order of
provisional measures, stems from the set of reparations ordered in the Judgment, which
must be complied with from the date it is served upon the State. Thus, the State’s
obligations deriving from the provisional measures shall be superseded by the provisions
of the above-mentioned Judgment and, consequently, their fulfillment and compliance
shall not be regarded in connection with the provisional measures but with the
monitoring of compliance with the Judgment.
[AND RULED:]
To rescind the provisional measures ordered by the Inter-American Court of
1.
Human Rights in favor of Fermín Ramírez by Order of March 12, 2005, for the obligations
of the State derived from the provisional measures were superseded by the provisions of
the Judgment on the merits, reparations and costs delivered by the Court on June 20,
2005 […]
4.
The brief of November 17, 2005, whereby the State submitted information
relative to the compliance with the above-mentioned judgment (supra Having Seen
clause No. 1). In said brief, the State asserted that, as regards Operative Paragraph
eleven of the Judgment, the Dirección General del Sistema Penitenciario (General
Directorate of the Penitentiary System) “through the Directora de Salud Integral
(Director of Integral Health) informed that the professionals of the Centro de Alta
Seguridad Escuintla (Escuintla Maximum Security Center) provide medical assistance
[...] and psychological support to Ramírez.” The State alleged that the medical
reports contained information about the diseases and disorders of Ramírez as well as
his general health condition. Moreover, it stated that "the psychological report
concludes that Ramírez was not mentally disordered.”
5.
The brief of December 19, 2005, whereby the State submitted information
relative to the compliance with the Judgment as regards payment of US$5,000.00
(five thousand United States dollars) as costs reimbursement. It particularly
informed that “it reinforces its commitment […] to effectively reimburse the costs
and expenses by means of a money transfer to the account of Instituto de Estudios
Comparados en Ciencias Penales (Institute of Comparative Studies of Criminal
Sciences) before the end of [2005].
6.
The brief of July 04, 2006, whereby the State submitted a new report on the
compliance with the Judgment and stated:
a)
As regards the provisions of Operative Paragraph seven of the
Judgment concerning the institution of new proceedings against Fermín
Ramírez “the Supreme Court of Justice rendered Agreement No. 96-2006,
whereby it instructed the Tribunal de Sentencia Penal, Narcoactividad y