-7-
Convention to restrictions which could render the function of the Court and, therefore,
the human rights protection system enshrined in the Convention, inoperative.4
13.
That the decision of the Corte Suprema de Justicia (Guatemalan Supreme Court
of Justice) of February 15, 2005 has been the mechanism selected by the State to
comply with the orders of the Court in these provisional measures, and that, so far, it
has proved effective and has complied with the purpose of protecting the life of the
beneficiaries.
14.
That, without intending to minimize the importance of such measure, the Court
notes that the decision of the Corte Suprema de Justicia (Guatemalan Supreme Court
of Justice) orders “the temporary stay” of execution of the death sentences imposed
on the beneficiaries. In other words, it is not in itself a final measure; therefore, the
circumstances of extreme gravity and urgency involving the likelihood of irreparable
damage are still present. As a result, these measures must be maintained in effect
until a final decision modifying the death sentences is rendered, as may result from
the appeals for review currently pending before said Court, or until the conclusion of
the proceedings before the Inter-American system.
*
*
*
15.
That the comments made by the representatives in connection with the lack of
legislation governing the application for executive clemency or pardon (supra Having
Seen clause No. 6) in Guatemala, relate to the monitoring of compliance with the
Judgments rendered in the Case of Raxcacó Reyes5 and the Case of Fermín Ramírez,6
and not to these provisional measures; therefore, the Court will not rule on such
allegations in this precautionary proceeding.
*
*
*
16.
That the representatives requested, as a provisional measure, that the State be
ordered to adopt such measures as may be necessary for Messrs. Ruiz-Almengor and
Rodríguez-Lara to be held under decent prison conditions, in accordance with
international standards. The representatives based their request on their assessment
of the current prison conditions facing both beneficiaries (supra Having Seen clauses
No. 6 and 9).
4
Cf. Matter of Marta Colomina. Provisional Measures. Order of the Inter-American Court of Human
Rights of July 4, 2006, Considering clause No. 11, Matter of Liliana Ortega et al., Matter of Luisiana Ríos et
al., Matter of Luis Uzcátegui, Marta Colomina and Liliana Velásquez. Provisional Measures. Order of the InterAmerican Court of Human Rights of May 4, 2004, Considering clause No. 8; Matter of Luis Uzcátegui.
Provisional Measures. Order of the Inter-American Court of Human Rights of February 20, 2003, Considering
clause No. 13.
5
Cf. Case of Raxcacó-Reyes. Judgment of September 15, 2005. Series C No. 133, operative
paragraph no. 7.
6
10.
Cf. Case of Fermín Ramírez. Judgment of June 20, 2005. Series C No. 126, operative paragraph no.
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