-1114.
That, as regards the provision of proper medical treatment to Fermín
Ramírez, the State informed that the professionals of the Centro de Alta Seguridad
Escuintla (Escuintla Maximum Security Center) provided medical and psychological
assistance to Ramírez and forwarded medical and psychological reports (supra
Having Seen clause No. 4). In turn, the representatives asserted that Fermín
Ramírez had no access to regular medical, psychological and dental assistance and
that his maximum-security imprisonment regime remained unchanged, and informed
the Court of the hardship he was allegedly enduring. Owing to the fact that this
obligation must have been complied with without delay after service of the Judgment
and while it is necessary, the Court deems it imperative that the State supply
detailed and specific information about the medical evaluations and treatment
supplied, as well as about the method of implementation thereof, so that said
treatment is provided when required.
15.
That the State failed to address the issue of the obligation to adopt the
necessary measures to improve prison conditions to eventually meet international
legal standards on human rights. Based on their knowledge of the personal situation
of Fermín Ramírez, the representatives notified that he would have no access to
labor, educational or recreational programs. While the prison conditions verified by
the Court in the case of Ramírez that amount to a violation of Article 5 of the
Convention remain unchanged, the effects of said violation will spread and adversely
affect Ramírez and other inmates held in custody under the same conditions.
Consequently, the Court deems it necessary that the State submit an additional
report on this issue.
16.
That the Court will consider the general issues regarding compliance with the
Judgment on the merits and reparations of June 20, 2005, once any pertinent
information on the measures pending fulfillment is received.
NOW, THEREFORE:
THE INTER-AMERICAN COURT ON HUMAN RIGHTS
By virtue of the authority to monitor compliance with its own decisions pursuant to
Articles 33, 62(1), 62.(3), 65, 67 and 68(1) of the American Convention, 25(1) and
30 of its Statute and 29(2) of its Rules of Procedure,
DECLARES,
1.
That, in accordance with Considering clause number eight of this Order, the
State has complied with the provisions of Operative Paragraph thirteen of the
Judgment on the merits and reparations delivered by the Court on June 20, 2005, as
it effectively made reimbursement of costs and expenses to the Instituto de Estudios
Comparados en Ciencias Penales (Institute of Comparative Studies of Criminal
Sciences) under the provisions of paragraphs 131 to 137 of the Judgment.
2.
That it will keep open the proceedings for monitoring compliance with the
aspects pending fulfillment, namely the obligations to:
a)
Effectively conduct, within a reasonable time, a new trial against
Fermín Ramírez, satisfying the demands of the due process of law,