4 contemplated the pardon, and before the current situation of its non-regulation, this Court was compelled to declare the violation of the State of Guatemala in this sense. Of the conditions of the prison From the study of the record we can conclude that the conditions of the prison where Mr. Fermín Ramírez is located waiting the definitive judgment regarding his case, lacks the minimum conditions to guarantee the respect for his physical, psychic, and moral integrity, reason why it is necessary to leave evidence of the concern of this Court regarding the need that the State of Guatemala substantially improve the imprisonment conditions of its inmates, both of those subject to serving a sentence as of others that are awaiting its fulfillment in virtue of appeals that have not yet been decided, as is the present case. Conclusion As Judge ad hoc I express that the study, analysis, and debate of this case produced opposing feelings among those who participated in it. As stated in the transcripts that document the deliberation of the present case, it was analyzed taking into consideration all possible problems, reflecting the decision issued, the unanimous concern of the Court regarding the complete respect of the State of Guatemala of even the minimum detail of the human rights of its inhabitants, in the understanding that because of this it must not stop guaranteeing their public security, which is the greatest challenge to be overcome in a Constitutional State. As Judge ad hoc I issue opinions so that the State of Guatemala does not have to be on trial before this Court ever again for having implemented institutional policies of harassment, persecution, or systematic violation of the human rights of its inhabitants and so that this type of cases, where the violations occurred are the product, not of intent but of an imperfect observance of up to the minimum detail of the procedural formalities established, be reduced to their minimum expression as a result of the diligence, efficiency, and effectiveness of the procedural subjects and operators of justice that will correct them. To consider that this judgment is per se a form of reparation to Fermín Ramírez proves the legal stature and fair vision of the Honorable Permanent Judges that analyzed the present case with which as Judge ad hoc I am pleased. Arturo Alfredo Herrador Sandoval Judge ad hoc Pablo Saavedra Alessandri Secretary

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