9
19.
That the representatives stated that the medical care he is receiving is
inadequate and that the prescribed medicines are insufficient and irregularly
administered to him. Moreover, Mr. Fermín Ramírez has not received any deontological
treatment. The acknowledged that he received psychological therapy by specialized
staff; notwithstanding, they informed that the people who were in charge of that area,
have been removed and by January, 2008 no new personnel has been hired.
20.
That the Commission requested the Court to order the State to submit updated
information.
21.
That this President notes contradictions between the information provided by
the parties, for there it considers relevant to receive further information in order to
establish compliance with this aspect.
*
*
*
22.
That with reference to the duty to adopt, within a reasonable period of time, the
measures necessary so that the conditions of the prisons adjust to the international
rules of human rights (operative paragraph twelve of the Judgment), the State
indicated that the "Prison Act" was approved by means of Decree N°33-2006 of the
Republic of Guatemala Congress and that it was published in the Diario de Centro
América (“Central American Newspaper”) on October 6, 2006. Said Law governs the
National Prison System of Guatemala, the pre-trial detention centers and those centers
built to serve sentences. Said Act was completed with the “Internal Regulation of the
Model Farms for Rehabilitation and Compliance with the Sentences under the Charge of
the General Bureau of the Prison System”, published in the Diario de Centro America
on November 29, 2006. As to Mr. Fermín Ramírez, it informed that he is detained in
sector B-4 of the Canada High Security Center, in the city of Escuintla, where there are
toilets and space in the corridor and a yard; he works as a cook, he makes handicrafts
and is attending the last phase of a literacy campaign.
23.
That the representatives stated that on April 6, 2007 the Prison Act entered into
force. Nevertheless, by December 2007, such Act has not been implemented, due to
the fact that the budget has not been assigned and the necessary regulations have not
been drawn up. Furthermore, they sustained that said law fails to comply with the
international standards since it establish Maximum Security Centers where there are
no programs on social readaptation and the regulation of such system is vested in the
prison authorities. As to Mr. Fermín Ramírez, they stated that in the place where he is
confined, water is permanently lacking, and the number of toilets is not enough.
Moreover, the center does not count with any work-related or professional training
program nor even any workshops. He manages the handicrafts activities on his own,
as well as the educational programs. Resides, no out-door activity is allowed.
24.
That the Commission took note of the important reforms carried out by the
State in this regard, but it considered that its effectiveness and the compliance with
the order delivered by the Court must be taken into consideration as from the
application of the new legislation and the effective improvement of the general prison
conditions. Moreover, it considered that the State should provide further detailed and
updated information.
25.
That this President notes that the State has made improvements in order to
comply with this obligation, but that it is time to receive more information in order to
establish compliance with this aspect.