time it had been working on this and had made significant progress. An example of this was the PNC
law currently in force, Decree No. 11-97, which established aspects such as: (a) the main functions;
(b) the organizational structure; (c) the basic action principles; (d) the PNC career; (e) hierarchical
levels, ranks and promotions; (f) appointments and dismissals; (g) administrative situations; (h)
rights, obligations, prohibitions and assignments; (i) disciplinary regime; (j) criminal procedural
regime; (k) financial system, and (l) educational system.
218. With regard to the measure requested relating to adequate judicial control, the State indicated
that disciplinary regimes and mechanisms existed for all public servants and professionals established
by the different professional associations, through the “honor court.”245
c.2.1) Adaptation of domestic law to the American Convention
219. Regarding the legal framework regulating the death penalty, the Court notes that, in the case
of Raxcacó Reyes v. Guatemala, it had already ordered the following:
[…] i. (i) Modification, within a reasonable period, of article 201 of the Criminal 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 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 should, under no circumstances, expand the list of crimes punishable with
the death penalty established prior to ratification of the American Convention. While reforming this
article, the State must abstain from applying the death penalty and executing those convicted
exclusively of the crime of kidnapping or abduction.
(ii) Adoption, within a reasonable period, of a procedure that ensures that any person condemned
to death has the right to apply for and, if applicable, obtain a pardon or commutation of sentence,
in accordance with a regulation that establishes the authority empowered to grant this, the
presumptions of admissibility and the respective procedure; in these cases, the sentence must not
be executed while the decision on the pardon or commutation of sentence applied for is pending. 246
220. Therefore, the Court considers that it is not necessary to reiterate to Guatemala measures of
reparation on the adaptation of their domestic law to the American Convention in this regard because
compliance with the said measures is currently being analyzed by the Court at the stage of monitoring
compliance with the corresponding judgment.
221. Regarding the adaptation of article 201 bis of the Guatemalan Criminal Code to international
standards as regard the definition of the crime of torture, the Court notes that, currently, the said
article indicates:
Anyone who by order or with the authorization, support or acquiescence of State authorities
intentionally inflicts on another person severe pain or suffering, either physical or mental, in order
to obtain from them or from a third party information or a confession of an act that they have
committed or that they are suspected of having committed, or who seeks to intimidate a person or,
by this means, other persons, commits the crime of torture. […] The person or persons responsible
for the crime of torture shall be sanctioned with twenty-five to thirty years’ imprisonment.
222. The Court notes that, indeed, this article does not comply with the minimum requirements
established in Article 2 of the Inter-American Convention to Prevent and Punish Torture, which
According to the State, the fundamental legal regime for the disciplinary procedure applied by the court of honor of
the Guatemala Lawyers and Notaries Professional Association is based, inter alia, on articles 18 and 19 of the law on
compulsory membership in a professional association, Decree No. 72-2001 of the Congress of the Republic, and the
representatives of the alleged victims cannot argue their ignorance in this regard.
246
Cf. Case of Raxcacó Reyes v. Guatemala, supra, para. 132.
245
49
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