3 (e)(3) Bernardino Rodríguez-Lara was sentenced to death on November 28, 1997, as the author of the crime of abduction. Mr. Rodríguez-Lara’s defense lawyer filed an appeal for annulment; this was admitted by the respective Chamber, which sentenced him to the immediately inferior penalty (50 years’ imprisonment). The Attorney General’s office (Ministerio Público) filed a special appeal for reversal of that ruling; this was admitted by the Supreme Court of Justice, which once again imposed the death penalty on Mr. Rodríguez-Lara. The defense lawyer filed two further appeals, for amparo and for review, both of which were denied. Finally, on November 24, 2003, Mr. Rodríguez-Lara’s representatives filed a request for executive clemency before the President of the Republic, which is still pending a decision. The Commission received a petition against the State on March 3, 2004, for the alleged violations committed against Mr. Rodríguez-Lara. This petition is being processed before the Commission; and (e)(4) Pablo Arturo Ruiz-Almengor was sentenced to death as author of the multiple offenses of kidnapping or abduction and aggravated theft on November 29, 1999. Appeals for annulment, for dismissal, for amparo, and for review were filed against his conviction, all of which were denied, and the sentence was ratified. A petition filed on March 3, 2004, by the Instituto de Defensa Pública Penal in favor of Mr. Ruiz-Almengor is being processed before the Commission. 3. The considerations of the Commission in which it indicated that the series of alleged facts constitute a situation of extreme gravity and urgency that could cause irreparable damage to the four persons included in the request for provisional measure, since execution of the death sentence of the four prisoners included in the request for provisional measures “would make it impossible to effect the eventual restitutio in integrum of [their] rights.” The Commission also stated that the situation was “particularly grave” since, on two different occasions in the past, the State failed to comply with the precautionary measures ordered by the Inter-American Commission in similar circumstances to those of this request for provisional measures. In light of the above, the Commission requested the Court to call upon the State of Guatemala: 1. To take the necessary measures to preserve the lives and personal integrity, including the suspension of the execution of Ronald Ernesto Raxcacó-Reyes, Hugo Humberto Ruiz-Fuentes, Bernardino Rodríguez-Lara and Pablo Arturo Ruiz-Almengor, so as not to hinder the processing of their cases before the Inter-American system. 2. That the Guatemalan State should inform the Court of the measures taken to comply with the […] request. 4. The note of the Secretariat of the Court (hereinafter “the Secretariat”) of August 17, 2004, in which, on the instructions of the President of the Court (hereinafter “the President”), it requested the Commission to report on the real imminence of the application of the death penalty in the case of Ronald Ernesto Raxcacó-Reyes, Hugo Humberto Ruiz-Fuentes, Bernardino Rodríguez-Lara and Pablo Arturo Ruiz-Almengor.

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