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a)
That the Commission understands that the Judgment of the Court sets
three types of terms for complying with the obligations:
i.
Immediate and constant terms: Operative Paragraphs eight,
nine and eleven;
ii.
Within a reasonable time: Operative Paragraphs seven, eight,
ten and twelve; and
ii.
Within one year: Operative Paragraphs thirteen and fifteen;
b)
That the obligation to refrain from executing Fermín Ramírez was
complied with, as informed by the State and later ratified by the
representatives;
c)
That payment of costs and expenses by the State was made by bank
deposit, as ratified by the representatives;
d)
That in the reports submitted by the State no reference is made to the
obligation to provide Fermín Ramírez with adequate medical
treatment, adopt measures to improve prison conditions, refrain from
applying Article 132 of the Criminal Code regarding to the
dangerousness of the agent, and amend said rule. Thus, the
Commission deems it necessary that the State submit an additional
report on those matters, "including any general guidelines adopted in
connection therewith;"
e)
That, as regards the duty to legislate the pardon procedure, the
Commission expressed its satisfaction with the progress described by
the State, but considered that the State must provide further details
and address the alleged unconstitutionality issue regarding the bill
presented to the Congress;
f)
That, as regards the new proceedings against Fermín Ramírez, the
Commission reserves the right to file additional comments once it has
been served with the judgment of June 21, 2006, whereby he was
convicted, and
g)
That the Commission considers it relevant that the Court require the
State “to file an additional report on specific matters […] regarding the
unfulfilled obligations, which have not been addressed yet.”
CONSIDERING:
1.
That monitoring compliance with its decisions is a power inherent in the
judicial functions of the Court.
2.
That the State of Guatemala has been a State Party to the American
Convention on Human Rights (hereinafter “the American Convention" or "the
Convention") since May 25, 1978 and that it accepted the binding jurisdiction of the
Court on March 9, 1987.