34
54(57) The High Security Prison in Escuintla presents poor hygiene conditions and
lacks water and ventilation, especially during the summer.73 The sector in which Mr.
Fermín Ramírez is located is of approximately 20 meters by 6 and 8 meters and has
40 cement beds. In the sector there are close to 40 prisoners, some of them facing
the death penalty and others face sentences of 30 to 50 years in prison. There are
no adequate educational or sports programs. Medical and psychological assistance is
deficient.74
54(58) In June 2002, when the President of the Republic denied the pardon to Mr.
Fermín Ramírez (supra para. 54(30)), he also denied it to Messrs. Tomás Cerrate
Hernández and Luis Amilcar Cetin Pérez, who were executed that same month.75 Mr.
Fermín Ramírez was located in the same sector of the prison in which the executed
prisoners were located and he had a close relationship with them.76
54(59) Mr. Fermín Ramírez does not currently receive visits from his children.77
Specific facts regarding Mr. Fermín Ramírez
54(60) Mr. Fermín Ramírez has presented health problems such as gastric ulcer,
severe gastrointestinal disorders, tachycardia, insomnia, and lack of appetite, and
presents states of nervousness and anxiety, as well as feelings of anguish and of
being threatened.78
73
Cfr. Svendsen, Kristin and Cetina, Gustavo: “Death Row. Prison Conditions of those punished with
the Death Penalty in Guatemala”. ICCPG. Guatemala, August 2004 (dossier of appendixes to the brief of
pleadings and motions, appendix 13, pages 71 and 72).
74
Cfr. Expert statement offered before notary public (affidavit) by Mr. Rodolfo Kepfer Rodríguez on
May 5, 2005 (dossier of statements offered before a notary public and evidence to facilitate adjudication
of the case, volume I, folios 829 and 930); and testimonial statement offered before notary public
(affidavit) by Mr. Fermín Ramírez on May 3, 2005 (dossier of statements offered before a notary public
and evidence to facilitate adjudication of the case, volume I, folios 825 and 964). See also Inter-American
Commission of Human Rights, Fifth Report on the Situation of Human Rights in Guatemala, April 6, 2001,
Chapter VIII; and MINUGUA, Verification Report, The Penitentiary Situation in Guatemala, April 2000.
75
Cfr. Governmental Agreement Number 235-2000 issued on May 31, 2000 by the President of the
Republic of Guatemala and published on June 2, 2000 in the Diario de Centro América (dossier of
appendixes to the brief of pleadings and motions, appendix 12, folio 530); testimonial statement offered
before notary public (affidavit) by Mr. Fermín Ramírez on May 3, 2005 (dossier of statements offered
before a notary public and evidence to facilitate adjudication of the case, volume I, folio 825); and expert
statement offered before notary public (affidavit) by Mr. Rodolfo Kepfer Rodríguez on May 5, 2005
(dossier of statements offered before a notary public and evidence to facilitate adjudication of the case,
volume I, folio 828).
76
Cfr. Expert statement offered before notary public (affidavit) by Mr. Rodolfo Kepfer Rodríguez on
May 5, 2005 (dossier of statements offered before a notary public and evidence to facilitate adjudication
of the case, volume I, folio 828); and testimonial statement offered before notary public (affidavit) by Mr.
Fermín Ramírez on May 3, 2005 (dossier of statements offered before a notary public and evidence to
facilitate adjudication of the case, volume I, folios 825, 967, and 968).
77
Cfr. Testimonial statement offered before notary public (affidavit) by Mr. Fermín Ramírez on May
3, 2005 (dossier of statements offered before a notary public and evidence to facilitate adjudication of the
case, volume I, folios 825 and 969); and expert statement offered before notary public (affidavit) by Mr.
Rodolfo Kepfer Rodríguez on May 5, 2005 (dossier of statements offered before a notary public and
evidence to facilitate adjudication of the case, volume I, folio 832).
78
Cfr. Psychological Report of the Area of Psychology of the Institute of Public Criminal Defense
Service of November 15, 2004 (dossier of appendixes to the brief of pleadings and motions, appendix 14,
folio 537); Expert statement offered before notary public (affidavit) by Mr. Rodolfo Kepfer Rodríguez on
May 5, 2005 (dossier of statements offered before a notary public and evidence to facilitate adjudication
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents