38
declared in the judgment and should not make the victims or their successors either
richer or poorer.74
Arguments of the Commission
117. With regard to the beneficiaries, the Commission indicated that Mr. Raxcacó
Reyes is the beneficiary of the reparations ordered by the Inter-American Court.
118. Regarding pecuniary damage, the Commission stated that it did not consider
that compensation for this concept was applicable in the instant case.
119. However, regarding non-pecuniary damage, the Commission alleged that it
was pertinent for the Court to order the State to pay compensation, based on the
principle of equity, to repair the damage inflicted on Mr. Raxcacó Reyes for this
concept.
120. Also, regarding other forms of reparation, the Commission requested the
Court to order the State:
(a)
To adopt any legislative or other measures necessary to ensure that
the death penalty is imposed with strict respect for the rights and freedoms
guaranteed by the Convention;
(b)
To adapt its domestic laws to the Convention, in order to guarantee
the rights embodied therein;
(c)
To reform Article 201 of the Penal Code, in order to define different
categories of kidnapping, according to the gravity of the facts, taking into
account the circumstances of the crime and of the person responsible;
(d)
To abstain from applying Article 201 of the Penal Code, while the said
reforms are being effected;
(e)
To regulate the remedy of pardon or commutation of sentence;
(f)
To adapt the prison regime conditions to the international standards
applicable in this sphere; and
(g)
To declare the nullity of the sentence and to decide another one which
imposes on Mr. Raxcacó Reyes a punishment proportionate to the nature and
gravity of the crime committed.
121. Lastly, the Commission requested the Court to order the State to assume the
payment of the costs and expenses in which Mr. Raxcacó Reyes incurred in
processing the case at both the national level and before the inter-American system
for the protection of human rights.
Arguments of the representatives
74
Cf. Case of Acosta Calderón, supra note 1, para. 148; Case of Yatama, supra note 1, para. 233,
and Case of Fermín Ramírez, supra note 1, para. 124.
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