4.
The representatives confirmed that, in the context of “the appeal for review,” the
Criminal Chamber of the Supreme Court of Justice decided on October 28, 2011, to
commute the death penalty imposed on Mr. Rodríguez Lara to a non-commutable prison
sentence of fifty years. They added that this jurisdictional body subsequently “modified its
decision and applied the penalty established in the ordinary regulations in force at the time
of its commission for that offense, imposing a non-commutable prison sentence of thirty
years.” In this regard, they agreed that the provisional measures in favor of Mr. Bernardino
Rodríguez Lara are no longer necessary, given that he is no longer facing the death penalty.
5.
The Commission noted with approval that the death penalty imposed on Mr.
Rodríguez Lara has been commuted to imprisonment. Bearing in mind the position of the
representatives and the fact that the purpose of the provisional measures granted in favor
of Mr. Bernardino Rodríguez Lara was to protect his life, the Commission held that the
reasons for which these measures were granted no longer exist, and therefore considered it
appropriate to lift these.
6.
Now, based on the information provided by the State on April 20, 2012, which was
confirmed by the representatives, and noting the approval of the parties and the
Commission, the Court considers that, according to the ruling of the Supreme Court of
Justice of October 28, 2011, the situation of extreme gravity and urgency for the life of Mr.
Bernardino Rodríguez Lara has ceased, inasmuch as the death sentence was commuted to a
prison sentence. Consequently, the Court concludes that the reasons that prompted the
adoption of provisional measures in favor of Mr. Bernardino Rodríguez Lara no longer exist,
for which reason it is appropriate to lift the measures ordered in his favor.
7.
As to the information received by the State and the representatives, as well as the
observations of the Commission regarding the decisions issued in relation to the appeals of
review filed by the defense attorneys of other persons sentenced to death before the
Criminal Chamber of the Supreme Court of Justice; the decisions of the Constitutional Court
on the writs of amparo filed against the rulings wherein the appeals for review were denied;
the lack of a procedure to grant or deny an appeal for commutation of sentence or pardon,
as well as the prison conditions of Mr. Rodríguez Lara, the Court notes that these matters
are not the subject matter of these provisional measures, but pertain to the monitoring of
compliance with the Judgments delivered in the cases of Raxcacó Reyes v. Guatemala and
Fermín Ramírez v. Guatemala,5 as was communicated to the parties in the Court’s Order of
May 9, 2008, considering paragraphs 57 and 58, and through the note of the Secretariat of
August 20, 2008 (supra having seen paragraphs 3 and 7). Accordingly, it is not up to this
Court to rule on this matter in the context of these provisional measures.
8.
Finally, the Court reiterates that Article 1(1) of the American Convention establishes
the general obligation of States Parties to respect the rights and freedoms enshrined therein
and to guarantee their free and full exercise to all persons subject to their jurisdiction, in all
circumstances. Moreover, provisional measures are exceptional in nature and are
complementary to this general obligation of the States. In this regard, the presumptions
that persuade the Court to lift provisional measures can never imply that the State is
exonerated from its treaty-based protection obligations. Hence, the Court emphasizes that,
regardless of the existence of specific provisional measures, the State is obligated to
guarantee Mr. Bernardino Rodríguez Lara’s rights. On this point, the Court notes that in
5
Cf. Case of Raxcacó Reyes v. Guatemala. Merits, Reparations and Costs. Judgment of September 15,
2005. Series C No. 133, and Case of Fermín Ramírez v. Guatemala. Merits, Reparations and Costs. Judgment of
June 20, 2005. Series C No. 126.
4