4
there is no law regulating the pardon process. This results in the fact that Mr.
[Rodríguez-Lara] is also being submitted to a cruel, inhuman, or degrading treatment
[d]ue to the anguish and mental suffering derived from being […] sentenced to the
death penalty and awaiting the date and time for his execution.”
11.
That the Inter-American Commission expressed that “it observes with approval
that the death penalty that was pending over Mr. Pablo Arturo Ruiz-Almengor has been
revoked,” however, upon denial of the appeal for review presented by Mr. RodríguezLara “it is precisely the Guatemalan judicial power who must ensure the full compliance
of [the] measures […].”
12.
That the Tribunal observes that, pursuant to the Judgment of the Supreme
Court of Justice of May 14, 2007, the situation of extreme gravity and urgency for the
life and physical integrity of Mr. Pablo Arturo Ruiz-Almengor has ceased, since the
death penalty was commuted to a prison sentence. Therefore, it is not necessary to
maintain the protection measures regarding Mr. Ruiz-Almengor, since his life is no
longer at risk.
14.
That the Court points out that the situation of Mr. Bernardino Rodríguez-Lara is
different, since the appeal for review against the Judgment that sentenced him to the
death penalty was declared inadmissible. Therefore, the conditions of extreme gravity
and urgency regarding the right to life of Mr. Rodríguez Lara still exist. Thus, it is
necessary that the State take the necessary measures to guarantee Mr. Rodriguez’s
rights in order to avoid that the processing of his case before the Inter-American
system for the protection of human rights be hindered.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS
in exercise of the authorities granted by Article 63(2) of the American Convention of
Human Rights and Article 25 of its Rules of Procedure,
DECIDES:
1.
To rescind the provisional measures adopted by the Inter-American Court of
Human Rights in what refers to Mr. Pablo Arturo Ruiz-Almengor.
2.
To reiterate to the State that it maintain the measures necessary to protect the
life of Mr. Bernardino Rodríguez-Lara in order to avoid that the processing of his case
before the Inter-American system for the protection of human rights be hindered.
3.
To reiterate that the Inter-American Court in the Judgment issued on
September 15, 2005 in the Case of Raxcacó-Reyes et al v. Guatemala (supra Having
Seen paragraph 2) ordered non-repetition measures consisting in the State’s duty to
abstain from applying the death penalty and executing those convicted for the crime of
kidnapping or abduction, in the terms of paragraph 132 of the mentioned Judgment.
4.
To require that the State present a report on the precautions it has adopted in
order to comply with the provisional measures ordered in favor of Bernardino
Rodríguez-Lara, no later than February 15, 2008, in which it must include an express
reference to the validity of the Order of February 15, 2005 in which the suspension of
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