19
43(20) Mr. Raxcacó Reyes complains of medical problems, such as depression,
anxiety, breathing difficulties, chest pains, ulcer and gastritis, related to the tension
he endures waiting for the execution of his sentence. However, he does not receive
adequate medical care or medication of any type. Moreover, he has not received any
psychological care during his time in prison.32
43(21) Mr. Raxcacó Reyes has a daughter with Olga Isabel Vicente. The child is
being cared for by her paternal grandmother, because Mrs. Vicente is serving a 20year prison sentence in the Centro de Orientación Femenino, because she was
convicted of being an accomplice to the same crime of kidnapping for which Mr.
Raxcacó Reyes was convicted33 (supra para. 43(10)).
43(22) Visits by the next of kin of Mr. Raxcacó Reyes are limited to two hours a
week and take place in the same block, with considerable physical restrictions. Up
until March 2005, family visits were conducted through a wire mesh that prevented
all physical contact between the prisoner and the visitor; moreover, one of the
prisoners’ arms was tied to a metal post.34 Mr. Raxcacó Reyes has been able to see
his daughter, who is taken to the prison by her grandmother, under these visiting
conditions.35 Mr. Raxcacó Reyes has not received visits from his companion, Olga
Isabel Vicente, since his detention, because she is also in prison (supra para. 43(21))
and is not allowed out for visits.36
43(23) Mr. Raxcacó Reyes receives little food of a poor quality; he must therefore
buy his own foodstuffs. Likewise, the alleged victim does not receive any articles of
personal hygiene. Under his prison regime, Mr. Raxcacó Reyes cannot take part in
work, education or rehabilitation programs. The alleged victim makes handicrafts
with materials provided by his family to obtain money for his own needs and to
occupy his time.37
32
Cf. testimonial statement of Mr. Raxcacó Reyes made before notary public (affidavit) on May 18,
2005 (file on merits, reparations, and costs, Volume III, folios 448-460), and expert evidence of Aída
Castro-Conde, given before notary public (affidavit) on May 18, 2005 (file on merits, reparations, and
costs, Volume III, folios 478-498).
33
Cf. judgment delivered by the Sixth Court for Criminal Sentencing, Drug-Trafficking and
Environmental Crimes of Guatemala on May 14, 1999 (file of appendixes to the application, appendix 5,
folio 160); testimonial statement of Mr. Raxcacó Reyes made before notary public (affidavit) on May 18,
2005 (file on merits, reparations, and costs, Volume III, folios 448-460), and testimonial statement of
Ovidio Girón made before notary public (affidavit) on May 17, 2005 (file on merits, reparations, and costs,
Volume III, folios 461-476).
34
Cf. testimonial statement of Mr. Raxcacó Reyes made before notary public (affidavit) on May 18,
2005 (file on merits, reparations, and costs, Volume III, folios 448-460), and expert evidence of Aída
Castro-Conde, given before notary public (affidavit) on May 18, 2005 (file on merits, reparations, and
costs, Volume III, folios 478-498).
35
Cf. testimonial statement of Mr. Raxcacó Reyes made before notary public (affidavit) on May 18,
2005 (file on merits, reparations, and costs, Volume III, folios 448-460); expert evidence of Aída CastroConde, given before notary public (affidavit) on May 18, 2005 (file on merits, reparations, and costs,
Volume III, folios 478-498), and testimonial statement of Ovidio Girón made before notary public
(affidavit) on May 17, 2005 (file on merits, reparations, and costs, Volume III, folios 461-476).
36
Cf. testimonial statement of Mr. Raxcacó Reyes made before notary public (affidavit) on May 18,
2005 (file on merits, reparations, and costs, Volume III, folios 448-460), and testimonial statement of
Ovidio Girón made before notary public (affidavit) on May 17, 2005 (file on merits, reparations, and costs,
Volume III, folios 461-476).
37
Cf. testimonial statement of Mr. Raxcacó Reyes made before notary public (affidavit) on May 18,
2005 (file on merits, reparations, and costs, Volume III, folios 448-460), and expert evidence of Aída
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