3
6.
The note of the Secretariat of the Court (hereinafter, the “Secretariat”) of
January 29, 2007, by which the State was ordered to send a copy of the Prison
System Act [Ley de Régimen Penintenciario] and of the Internal Regulations of the
Farms for Rehabilitation and Compliance with the Convictions under the charge of
the General Bureau of the Prison System [Reglamento Interno de las Granjas Modelo
de Rehabilitación y Cumplimiento de Condenas a Cargo de la Direccion General del
Sistema Penitenciario] to which the State referred in its first compliance report and
in addition, the State was granted an extension until March 1, 2007 to submit the
additional report. Said note was repeated on April 20 and June 25, 2007 and the
requested information was sent on July 18, 2007.
7.
The Order of the President of the Court (hereinafter, the “President”) of March
28, 2008 by which, in exercise of Court’s power to monitor compliance with its
decisions, in consultation with the other Judges of the Tribunal and pursuant to
Articles 63(2), 67 and 68(1) of the American Convention of Human Rights
(hereinafter, the "Convention" or the "American Convention") and Articles 25(1) and
25(2) of the Court's Statute (hereinafter, the “Statute”) and Articles 4, 14(1), 25(7)
and 29(2) of the Rules of Procedure of the Tribunal (hereinafter, the "Rules of
Procedure"), it was decided to summon the Inter-American Commission, the State,
the representatives of the victim in the case of Fermín Ramírez, the representatives
of the victim in the case of Raxcacó Reyes and the representatives of the
beneficiaries of the provisional measures ordered in the case of Raxcacó Reyes et al.
to a hearing to be held in private at the seat of the Court on May 8, 2008, as from
3.00 p.m. to 4.45 p.m. in order for the Tribunal to obtain information on the State's
compliance with the Judgments delivered in the aforesaid cases, listen to the
observations of the Commission and the representatives of the victims and receive
information on the request for extension of provisional measures, inasmuch as such
relates to the judgments whose compliance are being monitoring.
8.
The private hearing held at the Court’s seat in San José de Costa Rica on May
8, 2008.1 During the course of the private hearing, the State, the Inter-American
Commission and the representatives referred to the issues pending compliance of the
instant case.
B)
Case of Raxcacó Reyes
9.
The Judgment on the merits, reparations and costs delivered on September
15, 2005, by which it was declared, inter alia, that:
5.
The State shall modify, within a reasonable time, Article 201 of the Penal Code
in force, in order to define various specific crime categories that distinguish the different
forms of kidnapping or abduction, based on their characteristics, the gravity of the facts,
and the circumstances of the crime, with the corresponding provision of different
punishments, proportionate to each category, and also the empowerment of the courts
to individualize punishments in keeping with the specifics of the crime and the
perpetrator, within the maximum and minimum limits that each crime category should
include. This modification shall, under no circumstances, expand the list of crimes
1
To this hearing, there appeared on behalf of the Inter-American Commission, Mr. Juan Pablo
Albán Alencastro, advisor and Mrs. Silvia Serrano, advisor; on behalf of the representatives, Mrs. Soraya
Long, Marcela Martino and Gisela De León, of the Center for Justice and International Law (CEJIL), Mrs.
Nydia Lissette Arévalo Flores de Corzantes and Mr. Reyes Ovidio Girón Vasquez, of the Instituto de la
Defensa Pública Penal and Mr. Alejandro Rodríguez Barilla and David Augusto Dávila Navarro, of the
Institute of Comparative Studies of Criminal Sciences [Instituto de Estudios Comparados en Ciencias
Penales] of Guatemala and on behalf of the State, Mrs. Ruth del Valle Cóbar, President of the Presidential
Commission on Human Rights; Yovana López Salguero and Vivian González Westendorff, lawyers.