I INTRODUCTION OF THE CASE AND CAUSE OF ACTION 1. The case submitted to the Court. On November 30, 2017, the Inter-American Commission on Human Rights (hereinafter “the Inter-American Commission” or “the Commission”) submitted to the jurisdiction of the Inter-American Court the case of “Hugo Humberto Ruiz Fuentes and family members” against the Republic of Guatemala (hereinafter “the State of Guatemala,” “the Guatemalan State,” “the State” or “Guatemala”). According to the Commission the case relates to an alleged series of violations of due process committed in the context of the criminal proceedings instituted against Mr. Ruiz Fuentes for the crime of kidnapping that culminated in the imposition of the death penalty, as well as to the alleged torture inflicted during his arrest, and the alleged extrajudicial execution of Mr. Ruiz Fuentes following his escape from prison in 2005. The Commission also concluded that the State had violated his right to life by imposing the death sentence in proceedings that failed to respect due process and because it had expanded the conducts punishable by the death penalty in a way that was contrary to Article 4(2) of the American Convention. In addition, the Commission concluded that the State had treated the victim in a cruel, inhuman and degrading manner because he had remained on “death row” for more than 6 years and 5 months awaiting the execution of his sentence. Furthermore, the Commission determined that, despite the complaints that were filed, the Guatemalan State had not conducted an investigation into the alleged torture of Mr. Ruiz Fuentes. It also concluded that the criminal investigation into the victim’s death had been neither diligent nor effective to clarify the facts within a reasonable time. 2. Procedure before the Commission. The procedure before the Commission was as follows: a) Petition. On January 2, 2003, the representatives (acting as the petitioners) presented the initial petition before the Commission. b) Provisional measures. At the Commission’s request, on August 30, 2004, the Court decided to require the State of Guatemala to “adopt, forthwith, the necessary measures to protect the life of Ronald Ernesto Raxcacó Reyes, Hugo Humberto Ruiz Fuentes, Bernardino Rodríguez Lara and Pablo Arturo Ruiz Almengor in order not to obstruct the processing of their cases before the inter-American system for the protection of human rights.”2 On November 8, 2005, the State informed the Court that, in October 2005, nineteen prisoners, including Mr. Ruiz Fuentes, had escaped from the high security prison in Escuintla. On November 16, 2005, the petitioners reported that, during his capture, Mr. Ruiz Fuentes had been executed. Therefore, on July 4, 2006, the Court decided to lift the provisional measures adopted in his favor.3 c) Admissibility Report. On March 5, 2008, the Commission adopted Admissibility Report No. 14/08, in which it concluded that the petition was admissible.4 d) Merits Report. On July 30, 2017, the Commission adopted Merits Report No. 94/17, pursuant to Article 50 of the Convention (hereinafter also “the Merits Report” or “Report No. 94/17”), in which it reached a series of conclusions,5 and made several recommendations to the State. Cf. Case of Raxcacó Reyes and others with regard to Guatemala. Provisional measures. Order of the Inter-American Court of Human Rights of August 30, 2004, first operative paragraph. 3 Cf. Case of Raxcacó Reyes and others with regard to Guatemala. Provisional measures. Order of the Inter-American Court of Human Rights of July 4, 2006. 4 This was notified to the parties on March 24, 2008. In the report, the Commission decided that the petition was admissible with regard to the alleged violation of the rights recognized in Articles 4, 5, 8(1), 11(1) and 25 of the American Convention, all in relation to Article 1(1) of this instrument, and Articles 1, 6 and 8 of the Inter-American Convention to Prevent and Punish Torture, to the detriment of Hugo Humberto Ruiz Fuentes. Cf. Admissibility Report No. 14/07, Case of Hugo Humberto Ruiz Fuentes v. Guatemala, of March 5, 2008 (evidence file, folios 2269 to 2284). 5 The Commission concluded that the State of Guatemala was responsible for “the violation of the rights to life, personal integrity, judicial guarantees and judicial protection established in Articles 4(1), 4(2), 4(6), 5(1), 5(2), 8(1), 8(2)(c), (f), (g) and (h), and 25(1) of the American Convention in relation to the obligations established in Articles 1(1) and 2 of this 2 4