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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