20
as of the notification of the present judgment, in the terms of paragraphs
131 through 137 of such Judgment (operative paragraph thirteen );
b)
Effectively conduct, within a reasonable time, a new trial against Fermín
Ramírez, satisfying the demands of the due process of law, with all the
guarantees of hearings and defense for the accused (Operative Paragraph
number seven);
c)
Refrain from executing Fermín Ramírez, whichever the outcome of the
trial referred to in Operative Paragraph seven (Operative Paragraph
Nine);
2.
That it will keep open the procedure to monitor compliance with the following
aspects pending compliance, to wit:
a)
Refrain from applying the part of Article 132 of the Criminal Code of
Guatemala that refers to the dangerousness of the agent and adapt it to
the Convention within a reasonable time (Operative Paragraph eight);
b)
Adopt the legislative and administrative measures necessary to establish
a procedure that guarantees that every person sentenced to death has
the right to request a pardon or commutation of the sentence (Operative
Paragraph ten);
c)
Provide Fermín Ramírez
Paragraph Eleven);
d)
Adopt, within a reasonable time limit, the necessary measures to ensure
that prison conditions conform to international standards on human rights
(Operative Paragraph twelve);
B)
with
an
adequate
treatment
(Operative
Regarding the case of Raxcacó Reyes
3.
That the State has fully complied with the following operative paragraphs of
the Judgment on the merits and reparations of September 25, 2005:
a)
To set aside the punishment imposed on Mr. Raxcacó Reyes (operative
paragraph eight of the Judgment);
b)
To publish the pertinent parts of the Judgment delivered in this instant
case (operative paragraph thirteen of the Judgment) and
c)
To make the payment for reimbursement of the expenses (operative
paragraph fourteen of the Judgment),
4.
That in accordance with what was set forth in this Order, the State has
partially complied with the following operative paragraph of the Judgment delivered
in the case of Raxcacó Reyes:
a)
To provide Mr. Raxcacó Reyes with adequate medical treatment
(operative paragraph ten of the Judgment)
5.
That it will keep open the procedure to monitor compliance with the following
aspects pending compliance of the Judgment delivered in the case of Raxcacó Reyes,
to wit:
a)
To modify Section 201 of the Guatemalan Penal Code (operative
paragraph five of the Judgment);