ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF JULY 4, 2006
*
PROVISIONAL MEASURES REGARDING GUATEMALA
CASE OF RAXCACÓ-REYES ET AL
HAVING SEEN:
1.
The Order of the Inter-American Court of Human Rights (hereinafter “the
Court”, “the Inter-American Court” or “the Tribunal”) passed on August 30, 2004,
operative paragraph no. 1 of which sets forth:
1.
The State shall adopt, without delay, all measures necessary to protect the life of
Ronald Ernesto Raxcacó-Reyes, Hugo Humberto Ruiz-Fuentes, Bernardino Rodríguez-Lara
and Pablo Arturo Ruiz-Almengor to avoid hindering proceedings under their respective
cases before the Inter-American System of Human Rights Protection.
2.
The brief of the State of Guatemala (hereinafter "the State" or "Guatemala") of
September 16, 2004, whereby it submitted its first report on the provisional measures
ordered by the Court. In that brief, the State argued that:
a)
the Presidential Commission on Human Rights (hereinafter “COPREDEH”)
is making its best efforts before domestic authorities to avoid the execution of
the four persons subject to these measures until international proceedings are
concluded;
b)
two bills have been submitted to and preliminary approved by the
Secretary General of the Presidency of the Republic to eliminate the death
penalty, in the first case, and to abrogate any specific law related thereto. Both
bills are aimed at suspending the enforcement of the death penalty and
complying with the American Convention on Human Rights (hereinafter "the
American Convention") and the decisions of the Court, and
c)
the actions promoted by COPREDEH are aimed at suspending the
execution of the death penalty while domestic proceedings are pending
regarding requests for pardon in order to suspend or commute convictions by
exercising this right.
3.
In their comments to the first State report, the representatives of the
beneficiaries of the provisional measures (hereinafter “the representatives”) of
Judge Oliver Jackman informed the Court that, for reasons beyond his control, he would not be able to
attend the deliberation and signing of this Order.
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