4
punishable with the death penalty established prior to ratification of the American
Convention.
6.
While carrying out the modifications indicated in the previous paragraph, the
State shall abstain from applying the death penalty and executing those convicted of the
crime of kidnapping or abduction, in the terms of paragraph 132 of […] judgment.
7.
The State shall adopt, within a reasonable period, 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, in accordance with a regulation that establishes the
authority empowered to grant this, the presumptions of admissibility and the respective
procedure. In such cases, the sentence shall not be executed while the decision on the
pardon or commutation of sentence applied for is pending.
8.
The State shall annul the punishment imposed on Mr. Raxcacó Reyes in the
judgment of the Sixth Court for Criminal Sentencing, Drug-Trafficking and
Environmental Crimes […] within a reasonable time and, without the need for a new
trial, shall decide another punishment which, under no circumstances, may be the death
penalty. The State shall ensure that the new punishment is proportionate to the nature
and seriousness of the crime prosecuted and takes into account any attenuating or
aggravating circumstances related to the case; to this end, before delivering judgment,
it shall offer the parties the opportunity to exercise their right to a hearing.
9.
The State shall adopt, within a reasonable time, the necessary measures to
adapt prison conditions to the corresponding international standards.
10.
The State shall provide Mr. Raxcacó Reyes, as of notification of [...] judgment
and after he has expressed his consent, for the time necessary, without any cost and
through the national health services, with adequate medical and psychological
treatment, including the medication prescribed by duly qualified specialists.
11.
The State shall adopt, as of notification of […] judgment, the necessary
measures to enable Mr. Raxcacó Reyes to receive periodic visits from Olga Isabel
Vicente.
12.
The State shall adopt, within a reasonable time, the educational, work-related
and other measures necessary to ensure the social readaptation of Mr. Raxcacó Reyes
when he has served the sentence imposed in accordance with the eighth operative
paragraph of […] judgment.
13.
The State shall publish, within one year from notification of […] judgment, in
the official gazette and in another newspaper with widespread national circulation, at
least once, the chapter on Proven Facts, paragraphs 65, 66, 72, 81, 82, 85, 86, 102 and
113, corresponding to Chapters VIII, IX, X and XI, and the first to sixteenth operative
paragraphs of […] judgment. The publication shall include the titles of the said chapters
and omit the footnotes.
14.
The State shall make the payment for reimbursement of expenses within one
year of notification of […] judgment, in the terms of paragraph 138 of [the] Judgment.
[…]
10.
The Judgment of Interpretation of the Judgment on the merits, reparations
and costs delivered by the Tribunal on February 6, 2006.
11.
The briefs of October 13 and December 19, 2006, March 6 and 8, April 11,
May 8, July 9, October 2 and December 13, 2007 and April 16 and 25, 2008 by
which the State informed on the progress made regarding the compliance with the
Judgment.
12.
The communications of January 19, April 12, May 8, May 16, August 7,
November 5, 2007 and January 16, 2008, by which the victims’ representatives
submitted their observations to the State’s reports.
13.
The briefs of February 8, April 27, May 30, June 22, September 4, December
21, 2007 and January 24, 2008, by which the Inter-American Commission submitted
the observations to the State’s reports.