13. The petitioner explains that in the case at hand, no attempt was made to secure clemency
or commutation of sentence from the President of the Republic because the Guatemalan
Congress had only some time before repealed Decree 159, the precept governing such
remedies.
B.
The State
14. In its written reply of May 23, 2002, the State said that the petition should not be admitted
because the remedies offered by domestic jurisdiction have not yet been exhausted. It bases
this stance on statements made by Public Defender Ovidio Girón in a meeting with COPREDEH
officials on April 9 of this year and on “the comments of the petitioners themselves.” In its
submission the State does not identify the remedies that have not been exhausted. In its reply
it also informs the Commission that it will not be making any further statements on this case
since, in its view, it entails no violations attributable to it.
15. As regards the characterization of violations of the American Convention, the State argues
that under Guatemalan law, the death sentence can only be imposed at a trial carried out in
strict observance of all guarantees of due process and that in the instant case, Ronald
Raxacacó did have access to an independent and impartial tribunal and did pursue all means of
defense necessary to challenge the courts’ decisions. The State points out that the proceedings
before the court that imposed the death sentence were conducted within the strictest legal
framework and that there are consequently no grounds for arguing that his rights were
arbitrarily threatened.
16. Finally, the State maintains that Mr. Raxacacó, who was tried and found guilty in each and
every proceeding brought against him, made use of the mechanisms for rebuttal provided by
Guatemalan criminal procedure in order to defend his rights. The State claims that “this case
now stands as res judicata.”
IV.
ANALYSIS
A.
Preliminary Considerations
17. The IACHR notes that in its reply of May 23, 2002, the State informed the Commission that
it would not be making any further statement regarding this petition since, in its view, it
contains no violations attributable to it. The IACHR wishes to note that the State of Guatemala
has contracted a series of international obligations under the American Convention on Human
Rights. These obligations include furnishing such information that the IACHR requires in
compliance with the powers granted by Article 48(1)(a) of the Convention. 3
18. In connection with this, the IACHR believes it should also point out that it uses the
information requested at the different procedural stages described in its Rules of Procedure to
ground its decisions regarding the petitions or cases brought before it. The Inter-American
Court of Human Rights has ruled that cooperation by states is a basic obligation in
international proceedings under the inter-American system, to wit:
In contrast to domestic criminal law, in proceedings to determine human rights
violations the State cannot rely on the defense that the complainant has failed to
present evidence when it cannot be obtained without the State’s cooperation.
3
Article 48(1)(a) of the Convention provides as follows:When the Commission receives a petition or communication
(…) a) it shall request information from the government of the state indicated as being responsible for the alleged
violations (…) This information shall be submitted within a reasonable period (…). b) The Commission may request the
states concerned to furnish any pertinent information.
3