4
10.
The State must provide Raxcacó-Reyes, free of charge and at national health-care
facilities, with his prior consent and for the necessary period of time from the date the
notice of [the] Judgment is served upon it, with any medical and psychological treatment
that duly qualified specialists might prescribe and which shall comprise provision of
medicines.
[…]
15.
The obligations of the State within the scope of the provisional measures ordered
by this Court in the instant case shall be superseded by, exclusively with respect to
Raxcacó-Reyes, the measures ordered in [the] Judgment, from the date the notice of [the]
Judgment is served upon it.
[…]
14.
The brief of the State of November 8, 2005, whereby the State informed that on
October 21, 2005, nineteen convicts escaped from Escuintla high-security prison, also
known as “Little Hell.” According to the State, one of the persons who escaped was Mr.
Hugo Humberto Ruiz-Fuentes, a beneficiary of these provisional measures. Based on
the above, Guatemala requested “the SUSPENSION of the [provisional measures] since
[...] the State cannot fully guarantee the life and integrity of Mr. Ruiz-Fuentes, as he is
not directly under the State’s custody."
15.
The communication of the Secretary of November 9, 2005, whereby the
representatives of the beneficiaries of the provisional measures and the Commission
were requested to raise any appropriate comments on the request by the State (supra
Having Seen clause No. 15).
16.
The comments of the Commission of November 16, 2005, whereby the Court
was requested to “take into account the information relating to the jailbreak of the
beneficiary Hugo Humberto Ruiz-Fuentes; and to declare that once the beneficiary […]
is again under the custody of the State, the government’s obligation to protect his life
must be deemed fully in force so as not to hinder the corresponding proceedings
before the Inter-American System of Human Rights Protection.”
17.
The brief of the representatives of November 16, 2005, and its Appendixes,
whereby they raised their comments on the request filed by Guatemala. In that brief,
the representatives indicated that out of the nineteen people who fled from prison,
“three have been arrested and three were executed upon arrest, including Mr. RuizFuentes,” a beneficiary of these measures. In that sense, the representatives
requested the Court to order the State to immediately carry out an investigation in
that regard and to request submission of a thorough report on the circumstances
surrounding the re-arrest of and confrontation with Mr. Hugo Humberto Ruiz-Fuentes.
18.
The communication of the Secretary of November 18, 2005, whereby, pursuant
to the instructions of the President, the State was requested to report no later than
November 28, 2005, on “the circumstances of the escape and subsequent death of Mr.
Hugo Humberto Ruiz-Fuentes, and the investigations initiated in that respect.”
19.
The communication of the Inter-American Commission of November 21, 2005,
whereby the State was required to submit a thorough report on the circumstances
surrounding the death of Mr. Hugo Humberto Ruiz-Fuentes.
20.
The brief of the State of November 22, 2005, whereby the State reported that
Mr. Hugo Humberto Ruiz-Fuentes “resisted to his arrest during re-capture, taking his
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