39
122. Regarding the beneficiaries, the representatives stated that Mr. Raxcacó
Reyes is the beneficiary of the reparations ordered by the Court.
123. With regard to pecuniary damage, the representatives alleged that, owing to
the maximum security regime imposed on Mr. Raxcacó Reyes, he has been unduly
deprived of his right to work in the prison and to earn the minimum wage that the
Guatemalan Constitution guarantees to workers. Consequently, they requested the
Court to condemn the State to pay compensation for loss of earnings equivalent to
the wages that Mr. Raxcacó Reyes would have earned from August 6, 1997, to date,
in accordance with the minimum wage in force in Guatemala.
124.
Regarding non-pecuniary damage, the representatives stated that:
(a)
The State should pay Mr. Raxcacó Reyes a compensation based on the
principle of equity, because, from the facts of the case, it is clear that Mr.
Raxcacó Reyes has suffered moral and emotional anguish by being tried and
sentenced to death in a proceeding that violated due process, in addition to
the mental suffering resulting from awaiting the execution of the punishment
and being subjected to the death row phenomenon, as well as to the prison
conditions in which he is kept; and
(b)
The sufferings endured by Mr. Raxcacó Reyes have been increased
because the possibility of pardon, amnesty or commutation of sentence does
not exist in Guatemala, and the State is unwilling to adapt its legislation to
international norms.
125. Also, regarding other forms of reparation, the representatives requested the
Court to order the State:
(a)
To adapt its domestic legislative framework and adopt the necessary
legislative or other measures to ensure that the death penalty is imposed,
strictly respecting the rights and freedoms guaranteed by the American
Convention;
(b)
To reform Article 201 of the Guatemalan Penal Code, since it violates
the American Convention. The reform should respect the contents of this
international instrument. To this end, the reform to the law should include the
introduction of different categories in the crime classified as kidnapping,
corresponding to the different degrees of seriousness of the facts, taking into
account the circumstance of the crime and of those responsible. Also, the
different levels of severity of the punishment should be ranked in relation to
the gravity of the facts and the guilt of the accused, respecting the principle
of the proportionality of the punishment;
(c)
To establish a domestic procedure for processing applications for
pardon, which should respect the norms of due process of law embodied in
the American Convention;
(d)
To improve prison conditions, principally to achieve the following
objectives:
(i) To provide medical and psychological care and to ensure that Mr.
Raxcacó Reyes receives medical evaluation in a hospital establishment
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