2
“Guatemala”), which originated from petition No. 12,402, received by the Secretariat
of the Commission on January 2, 2002.
2.
The Commission filed the application for the Court to decide whether the
State had failed to comply with its international obligations and had violated Articles
4 (Right to Life), 5 (Right to Humane Treatment), 8 (Right to a Fair Trial) and 25
(Right to a Judicial Protection) of the American Convention, all in relation to Articles
1(1) (Obligation to Respect Rights) and 2 (Domestic Legal Effects) thereof, owing to
the alleged imposition of a mandatory death sentence on Ronald Ernesto Raxcacó
Reyes for the crime of kidnapping or abduction, for which this punishment was not
provided for by law at the time Guatemala ratified the American Convention; the
allegedly disproportionate punishment imposed on him; the prison conditions in
which he is being kept, and the alleged ineffectiveness of the judicial remedies filed
before the local courts. The Commission also requested the Court to order the State
to adopt several measures of reparation.
II
JURISDICTION OF THE COURT
3.
Guatemala ratified the American Convention on May 25, 1978, and accepted
the contentious jurisdiction of the Court on March 9, 1987.
III
PROCEEDINGS BEFORE THE COMMISSION
4.
On January 28, 2002, the Center for Justice and International Law
(hereinafter “CEJIL”), the Instituto de Estudios Comparados en Ciencias Penales de
Guatemala (hereinafter “IECCPG”) and the Instituto de la Defensa Pública Penal
(hereinafter “IDPPG”) submitted a petition to the Inter-American Commission and
requested precautionary measures in favor of Mr. Raxcacó Reyes. The request for
precautionary measures was subsequently reiterated.
5.
On January 30, 2002, the State was informed of the Inter-American
Commission’s decision to grant precautionary measures in favor of Mr. Raxcacó
Reyes.
6.
On October 9, 2002, during its 116th regular session, the Commission
adopted Report 73/02 in which it declared the case admissible and decided to
continue considering its merits.
7.
On October 8, 2003, during its 118th regular session, the Commission
adopted Report on Merits No. 49/03, in which it recommended that the State should:
1.
Grant Ronald Raxcacó reparation, including the commutation of his sentence.
2.
Adopt the necessary legislative and other measures to ensure that the death
penalty is not imposed in violation of the rights and freedoms guaranteed by the
Convention, particularly by Articles 4, 5, 8 and 25, and ensure that, in Guatemala, no
one is sentenced to a mandatory death penalty.
3.
Adopt the necessary legislative and other measures to ensure that the right
embodied in Article 4(2) of the American Convention that the death penalty should not
be imposed for crimes that it was not provided for when Guatemala deposited its
ratification of the Convention is effective in Guatemala, and to adapt its legislation to
this instrument, in accordance with Article 2 thereof.
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