2
September 24, 2004, argued that the State has not reported on any specific steps
taken to guarantee the implementation of provisional measures; that the bills
mentioned by the State have not been yet subject to legislative discussion and that
legislators have recently expressed their reluctance towards abolition of the death
penalty in Guatemala.
4.
In its comments to the first State report, the Inter-American Commission on
Human Rights (hereinafter “the Commission”) on October 1, 2004, held that it
appreciates the steps taken by COPREDEH to promote legislative initiatives aimed at
abolishing the death penalty in Guatemala, but that the bills announced by the
Government have not yet been submitted to the legislative power and that the State
failed to expressly report on the progress made to comply with the provisional
measures ordered.
5.
The communication of the Secretary of the Court (hereinafter “the Secretary”)
of January 18, 2005, whereby, pursuant to the instructions of the President of the
Court (hereinafter “the President”), the State was requested to submit its second
report on the implementation of the provisional measures without delay. Said request
was re-stated by the Secretary through the communication of March 7, 2005.
6.
The second State report of March 11, 2005, whereby it was stated that the
Secretary of the Presidency of the Judicial Authority notified the First and Second
Judges of Criminal Sentence Execution that the aforementioned provisional measures
were in force and should be taken into account not to enforce the judgment against
the beneficiaries.
7.
The comments of the representatives of April 14, 2005, to the second State
report and its Appendixes, set forth that:
a)
the Forensic Medical Service of the Judicial Authority, after the request
of the Second Judge of Criminal Sentence Execution, evaluated the health
condition of Mr. Ronald Raxcacó-Reyes, verified that he suffers from muscular
and chest pain, and determined that treatment could be covered by the medical
center of the penitentiary, even though the beneficiary did not obtain
satisfactory results at the center, and
b)
regarding the State’s refusal to take Mr. Raxcacó-Reyes to a hospital,
the representatives succeeded in having a private medical examination carried
out, which confirmed the aforementioned health conditions, including breathing
problems, pain in the pericardial area upon palpation, movement limitations in
the lumbar area, difficulty in performing push-ups and extensions of the spine
and lower extremities.
8.
The comments of the Commission of April 29, 2005, regarding the second State
report, whereby it was argued that mere notice of the provisional measures to the First
and Second Judges of Criminal Sentence Execution is not enough for the purposes of
full compliance therewith. Consequently, said measures must be adopted through a
judicial resolution issued by the respective jurisdictional authorities. Moreover, the
Commission stated that there are sufficient grounds for the request of petitioners for
the State to guarantee Mr. Raxcacó-Reyes a medical examination at a health facility
other than that of the penitentiary.
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