26
modify it within a reasonable period of time, adjusting it to the American Convention, pursuant to
the established in Article 2 of the same, thus guaranteeing the respect for the freedom from ex post
facto laws, enshrined in Article 9 of the same international instrument” in the eighth operative
paragraph of the judgment.94
104. In the February 6, 2019, order, this Court also noted that no one is currently sentenced to
death and that the death penalty has not been applied since the year 2002. It has also taken note
of the general suspension of the application of the death penalty, linked to compliance with the
measure of reparation related to the obligation to regulate the commutation of sentences in
Guatemalan law.95
105. Therefore, it would not be appropriate to reiterate to Guatemala measures of reparation
related to bringing its domestic legal effects into agreement with the American Convention, as the
changes to Article 132 of the Criminal Code of Guatemala with respect to the dangerousness of the
agent have already been made.
D. Compensation
106. With regard to pecuniary compensation, the representatives noted that Mr. Martínez
Coronado’s expenses in prison constitute consequential damage. These include, among others: i)
food, ii) purchase of cleaning and hygiene supplies, iii) clothing, iv) transportation of relatives to
the detention site, v) expenses from actions before governmental institutions, and vi) funeral
expenses. They propose a total of USD 10,000 (ten thousand United States dollars) for these
expenses. They also requested the amount of USD 1,000 (one thousand United States dollars) as
fees for the attorneys who supported the case domestically and USD 1,000 (one thousand United
States dollars) as fees for the attorneys who supported the case internationally.
107. With respect to loss of earnings, the representatives requested: i) the payment of social
security contributions in accordance with domestic legislation and ii) USD 50,000 (fifty thousand
United States dollars) for the immediate relatives of Manuel Martínez Coronado, namely his wife
and three children, as well as the payment of their respective social security contributions in
accordance with domestic legislation.
108. Regarding non-pecuniary damages, the representatives proposed as compensation and
comprehensive reparation a total of USD 200,000 (two hundred thousand United States dollars).
This total includes USD 50,000 (fifty thousand United States dollars) each for the wife and three
children of Manuel Martínez Coronado.
109. Regarding the pecuniary damages alleged by the representatives, the State noted that the
Court has on prior occasions declined to order the payment of compensation for pecuniary damages
when it lacked evidence—which is the case here, as the representatives did not submit proof of
payment to support their request. It stated that there is no documentation showing that
expenditures from the trial reached USD 1,000 (one thousand United States dollars). Specifically,
regarding the alleged loss of earnings, the State stressed that the Court does not order
compensation for this when there is insufficient evidence for the approximate earnings the victim
lost or for which work he lost it, as the profession of Mr. Martínez remains unconfirmed.
110. With respect to the request for social security payments, the State argued that this lacks
validity because the social security regime is for people who have made contributions to the system
throughout their lives, which is not the case here as no one in Manuel Martínez Coronado’s family
has made contributions to that public system.
Cf. Case of Fermín Ramírez v. Guatemala. Monitoring Compliance with Judgment, supra, considering paragraph 14.
Cf. also Case of Fermín Ramírez v. Guatemala. Merits, Reparations, and Costs, supra, operative paragraph 8.
95
Cf. Case of Fermín Ramírez v. Guatemala. Monitoring Compliance with Judgment, supra, considering paragraph 8.
94