Order of the
Inter-American Court of Human Rights
of August 30, 2004
Provisional Measures regarding Guatemala
Case of Raxcacó et al.
HAVING SEEN:
1.
The brief of August 16, 2004, and its attachments, in which the InterAmerican Commission on Human Rights (hereinafter “the Commission” or “the InterAmerican Commission”) submitted to the Inter-American Court of Human Rights
(hereinafter “the Court” or “the Inter-American Court”) a request for provisional
measures, pursuant to Articles 63(2) of the American Convention on Human Rights
(hereinafter “the Convention” or “the American Convention”), 25 of the Rules of
Procedure of the Court (hereinafter “the Rules of Procedure”) and “7[4]” of the Rules
of Procedure of the Commission, “to be adopted urgently so that the Republic of
Guatemala (hereinafter ‘the State’ or [‘Guatemala’]) takes the necessary measures
to preserve the lives and physical integrity, including suspension of the execution, of
Ronald Ernesto Raxcacó-Reyes, Hugo Humberto Ruiz-Fuentes, Bernardino RodríguezLara and Pablo Arturo Ruiz-Almengor, who have been sentenced to death, so as not
to hinder the processing of their cases before the inter-American system; before the
Commission under files Nos. 12.402, P-652/04, P-169/04 and P-17/04, respectively,
and, possibly, before the Court.”
2.
The grounds indicated by the Commission in its request for provisional
measures (supra Having Seen paragraph 1), which are summarized below:
(a)
At the date on which the request for provisional measures was
submitted, Ronald Ernesto Raxcacó-Reyes, Hugo Humberto Ruiz-Fuentes,
Bernardino Rodríguez-Lara and Pablo Arturo Ruiz-Almengor, all of
Guatemalan nationality, were in prison waiting for a date to be established for
execution of the final judgments sentencing them to death for the crime of
kidnapping or abduction embodied in article 201 of the Guatemalan Penal
Code;
(b)
The First and Second Judges for execution of criminal judgments have
announced in the media that they will proceed to execute the individuals who
have been sentenced to death. They indicated that they were awaiting
information from the Supreme Court of Justice and the Constitutional Court
on whether there were any pending appeals, before they established the date
and time of the executions. Although the date of the executions has not been
set, “it is evident from the public declarations of the judges for execution of
criminal judgments that the date of the execution will be established
imminently”;
(c)
The four men who have been condemned to death and whose names
are indicated in subparagraph (a) of this paragraph, have resorted to the
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