18
58.
That, by virtue of the foregoing, the Tribunal has the authority, within the
scope of monitoring compliance with the Judgments delivered in the aforesaid cases,
to verify that the State complies with the duties so established.
59.
That, as ordered in other cases6 the Court considers that, unlike the
provisional measures that the Tribunal orders in accordance with Article 63(2) of the
American Convention, that requires the prima facie demostration of a situation of
extreme gravity and urgency, the cases analyzed in this Order are of extreme gravity
and urgency that have not only been prima facie demonstrated, but fully proved
before the Court and expressly declared by it in the Judgment. Therefore, the Court
ordered the State to adopt the measures for reparation mentioned above. Likewise,
it is not about avoid causing irreparable damage to people for events that still have
not occurred, but it is about ending with the consequences of the violation of the
Convention already so declared by the Court in final Judgments.
60.
That, based on the foregoing, it is unnecessary the extension of the
provisional measures requested by the representatives and supported by the
Commission. In fact, the duty of the state of not executing those people sentenced
to death derived from the Judgments delivered in the cases of Fermín Ramírez and
Raxcacó Reyes, under the provisions set forth in the previous considering clauses.
61.
That, moreover, the provisional measures ordered in the case of Raxcacó
Reyes et al. have a specific goal, namely, to protect the life of Mr. Bernardino
Rodríguez Lara in order to not hinder the processing of his case before the InterAmerican system for the protection of human rights. The purpose exposed by the
representatives in their request for extension is different from the one mentioned
above and, due to the lack of connection, it does not have to do with an extension of
measures but with a new request for provisional measures that, according to Article
63 of the Convention, can only be filed by the Inter-American Commission.
62.
That, even when the Commission has, in fact, filed a request for provisional
measures, Considering clauses 59 and 60 supra are applicable.
63.
That, as to the duty of the State to adopt a procedure that ensures that any
person condemned to death has the right to apply for and, if applicable, obtain
pardon or commutation of sentence, the Court recalls the State that the remedies it
must offer, including the pardon, must not be simple formalities condemned,
beforehand, to be useless. Otherwise, the provisions of the Convention would not be
effective. To such regard, the Court values that the State itself has pointed out that
the Decree Nº 6- 2008 did not contain a remedy that complied with the conventional
demands established in the Judgments of the cases of Fermín Ramírez and Raxcacó
Reyes. In such sense, the Tribunal understands that in the case the Congress of the
Republic of Guatemala denies the presidential veto of such Decree, the State would
not have complied with its international duties and, as a logical consequence, will not
be able to execute any person sentenced to death until the legislation conforms to
the American Convention. It is worth recalling that according to the case law of this
Court,
When the Legislative Power fails to set aside and / or adopts laws which are contrary to
the American Convention, the Judiciary is bound to honor the obligation to respect rights
as stated in Article 1(1) of the said Convention, and consequently, it must refrain from
enforcing any laws contrary to such Convention. The observance by State agents or
officials of a law which violates the Convention gives rise to the international liability of
such State, as contemplated in International Human Rights Law, in the sense that every
6
See Case of the Sawhoyamaxa Indigenous Community v. Paraguay. Monitoring Compliance with
Judgment. Order of the Inter-American Court of Human Rights of February 2, 2007, Considering Clause
nine and ten.