7 34. On December 13, 2004 the representatives presented their arguments regarding the alleged existence of the conditions of extreme seriousness and urgency and irreparability of the damage. In this regard they stated, inter alia, that said conditions existed due to the possibility that Mr. Fermín Ramírez be executed. Similarly, they stated that even though the Commission issued precautionary measures, there was no guarantee that the State would obey them, and thus they were ineffective in stopping the execution. 35. On December 14, 2004 the Secretariat, following the President’s instructions, sent the representative’s brief to the State and the Commission, and asked that they present, no later than December 16, 2004, the observations considered appropriate to said request of the representatives for provisional measures, as well as their opinion on their admissibility. 36. On December 14, 2004 the State presented its observations to the representative’s request to adopt provisional measures and stated, inter alia, that it had taken actions to comply with the precautionary measures issued by the Commission on February 9, 2004 and that as of the determination of the precautionary measures, the life of Mr. Fermín Ramírez had not been at risk at any time nor had their been any attempts to execute the sentence imposed, reason for which there were not enough motives or considerations of extreme seriousness to justify an order of provisional measures in favour of the alleged victim. 37. On December 16, 2004 the Inter-American Commission presented its observations to the representative’s request to adopt provisional measures and stated that it considered that the adoption of these was admissible since, inter alia, even though the precautionary measures had been effective, “the Tribunal must preserve its jurisdiction and issue the corresponding measures, since the matter was pending before the Court and the considerations established by Article 63(2) of the American Convention were present” and, also, in other cases, the State had executed people protected by precautionary measures. It also stated that there was an imminent damage due to the definitive nature of the conviction issued against Mr. Fermín Ramírez and that the history of execution of the death sentence in Guatemala indicates that the time-period between the issuing of said ruling and the date established for its execution is short. 38. On December 21, 2004 the President of the Court issued a Determination of Urgent Measures, in which it ordered that the State protect the life and personal integrity of Mr. Fermín Ramírez. In this Determination the President considered, inter alia, that: […] despite the fact that up to now the precautionary measures issued by the Commission have been effective, in the present case the conviction issued against Mr. Fermín Ramírez seems to be definitive. Also, the Commission and the representatives presented precedents regarding the execution, by the State, of people protected by precautionary measures […]. That is, the situation described by the representatives and the Commission in this case […] reveal prima face the existence of a situation of extreme seriousness and urgency, that makes the avoiding of irreparable damages to the right to live and personal integrity of Mr. Fermín Ramírez necessary, as well as the avoidance of the frustration of a possible reparation that the Court may determine in favour of the alleged victim. 39. On March 12, 2005 the Inter-American Court issued a Ruling, through which it decided to:

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