13
Finally, the expert stated that Mr. Fermín Ramírez must receive a brief but
consistent psychotherapy and, for his psychosocial recovery, it is fundamental
that he be transferred to another detention center. Referring to Mr. Ramírez’s
next of kin, the expert considered that they should receive immediate and
consistent psychosocial support in order to avoid further emotional
disturbances. Despite the fact that Mrs. Sis “does not want to know anything”
about Mr. Ramírez and much less be subject to publicity, she must also
receive psychosocial support “in order to obtain from it certain support and
impartiality in what refers to the children’s contact with their father.”
e)
Expert report of Mr. Alberto Martín Binder, specialist in Criminal Law
The expert witness referred to the Guatemalan criminal procedure, specifically
to the changes of the facts attributable and their legal classification.
Likewise, he analyzed the principle of consistency, and on the other hand,
referred to the dangerousness, by stating that it is a discernment about the
future and, therefore, it escapes the logics of the process of a hearing that in
all aspects demands evidence of the facts over which a decision will be made.
Mr. Binder stated that in a process where the death penalty may be imposed
the State is obliged to maximize the conditions of demandability of the truth
of the facts that serve as a foundation for that sentence.
He also made an analysis of the specific case of Mr. Fermín Ramírez where he
pointed out the irregularities in which, in his opinion, the judicial authorities
incurred.
f)
Expert report of Mr. Eduardo Montealegre Lynett, specialist in
Criminal Law
The expert witness referred to the right to a defense and other judicial rights
in the criminal process, especially those processes for crimes where the
applicable sanction is the death penalty. Likewise, he made reference to the
principle of consistency, which demands a provision under which the identity
between the indictment and the judgment is maintained.
Mr. Eduardo Montealegre Lynett analyzed the case of Mr. Fermín Ramírez and
pointed out the irregularities in which, in his opinion, the judicial authorities
had incurred.
B) Evidence Assessment
48.
In this case, as in others,6 the Tribunal admits the probative value of the
documents presented in a timely fashion by the parties, that were not disputed or
objected, and whose authenticity was not questioned.
6
Cfr. Case of Caesar, supra note 3, para. 46; Case of the Serrano Cruz Sisters, supra note 3, para.
37; and Case of Lori Berenson Mejía, supra note 3, para. 77.
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