Order of the
Inter-American Court of Human Rights
of May 9, 2008
Case of Fermín Ramírez v. Guatemala
(Monitoring Compliance with Judgment)

Case of Raxcacó Reyes et al.. v. Guatemala
(Monitoring Compliance with Judgment)

Case of Raxcacó Reyes et al..
Request for Extension of Provisional Measures

HAVING SEEN:
A)

Case of Fermín Ramírez

1.
The Judgment on the merits, reparations and costs delivered by the InterAmerican Court of Human Rights (hereinafter, the "Court", "the Inter-American
Court” or the “Tribunal”) of June 20, 2005 fully notified to the State on July 15,
2005, by which it was unanimously ruled that:
7.
The State must hold, within a reasonable period of time, a new trial against Mr.
Fermín Ramírez, satisfying the demands of the due process of law, with all the
guarantees of hearings and defense for the accused. If he is charged with the crime of
murder, classification that was in force when the facts that he was charged with
occurred, the current criminal legislation must be applied with the exclusion of the
reference to dangerousness, in the terms of the following operative paragraph.
8.
The State must abstain from applying the part of Article 132 of the Criminal
Code of Guatemala that refers to the dangerousness of the agent and modify it within a
reasonable period of time, adjusting it to the American Convention, pursuant to what
was established in Article 2 of the same, thus guaranteeing the respect for freedom from
ex post facto laws, enshrined in Article 9 of the same international instrument. The
reference to the dangerousness of the agent included in this stipulation must be
eliminated.
9.
The State must abstain from executing Mr. Fermín Ramírez, whichever the
result of the trial referred to in Operative Paragraph seven.
10.
The State must adopt, within a reasonable period of time, the legislative and
administrative measures necessary to establish a procedure that guarantees that every
person sentenced to death has the right to request pardon or commutation of the
sentence, pursuant to a regulation that determines the authority with the power to grant
it, the events in which it proceeds and the corresponding procedure; in these cases the
sentence must not be executed while the decision regarding the pardon or commutation
of the sentence requested is pending.
11.
The State must provide Mr. Fermín Ramírez, prior manifestation of his consent
for such effect, as of the notification of […] Judgment and for the time necessary,
without any cost and through the national health service, with an adequate treatment,
including the supply of medications.

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