6
was recorded before him. The Commission did not present any observations in this
regard.
26.
On May 13, 205, the Irish Centre for Human Rights of the National University
of Ireland (Galway) presented an amicus curiae in the present case.
27.
On May 17, 2005, the Secretariat reiterated to the State the appeal that it
present the evidence requested to facilitate adjudication of the case (supra para.23).
Since said evidence had not been presented and the representatives had already
submitted part of it, the State was requested to, following the President’s
instructions, forward the missing evidence as soon as possible.
28.
On May 24, 2005 the representatives presented their observations to the
statements offered before a notary public (affidavits) by the Inter-American
Commission.
29.
On May 27 and 28 and on June 1, 2005 the representatives, the InterAmerican Commission, and the State presented, respectively, the brief of final
pleadings with regard to the merits and reparations, and costs.
30.
On June 1 and 14, 2005 the State presented, after having been granted an
extension, the documents requested as evidence to facilitate adjudication of the case
(supra paras. 23 and 27).
31.
On June 7, 2005 the State presented its observations to the testimonial and
expert statements presented by the Inter-American Commission and the
representatives (supra paras. 24 and 25).
V
PROVISIONAL MEASURES
32.
On December 3, 2004 the representatives, upon presentation of their brief of
pleadings and motions, requested, inter alia, that “in order to save Mr. Fermín
Ramírez’s life” the Court “issue provisional measures in [his] favour […]. Based on
that stated in Article 63(2) of the American Convention […]”, in virtue of the fact
that, despite the validity of the precautionary measures issued by the Commission of
February 9, 2004, “the jurisprudence established by the Constitutional Court of
Guatemala [in judgment of December 19, 2001] represents a great concern, in the
sense that the cautionary measures dictated by the Inter-American Commission […]
do not have binding effects for the Guatemalan courts.”
33.
On December 8, 2004 the Secretariat, following the President’s instructions,
requested that the representatives, in consideration of the validity of the
precautionary measures imposed by the Inter-American Commission since February
9, 2004 and that the mentioned judgment of the Constitutional Court of Guatemala
was issued in the year 2001, inform in detail of the existence of the conditions of
extreme seriousness and urgency and irreparability of the damages established in
Article 63(2) of the American Convention that justified the adoption, by the Tribunal,
of provisional measures in the situation of the present case at that time.
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