46
unanimously that:
5.
The State shall modify, within a reasonable time, Article 201 of the Penal
Code in force, in order to define various specific crime categories that distinguish the
different forms of kidnapping or abduction, based on their characteristics, the gravity
of the facts, and the circumstances of the crime, with the corresponding provision of
different punishments, proportionate to each category, and also the empowerment of
the courts to individualize punishments in keeping with the specifics of the crime and
the perpetrator, within the maximum and minimum limits that each crime category
should include. This modification shall, under no circumstances, expand the list of
crimes punishable with the death penalty established prior to ratification of the
American Convention.
6.
While carrying out the modifications indicated in the previous paragraph, the
State shall abstain from applying the death penalty and executing those convicted of
the crime of kidnapping or abduction, in the terms of paragraph 132 of this
judgment.
7.
The State shall adopt, within a reasonable period, a procedure that ensures
that any person condemned to death has the right to apply for and, if applicable,
obtain pardon or commutation of sentence, in accordance with a regulation that
establishes the authority empowered to grant this, the presumptions of admissibility
and the respective procedure. In such cases, the sentence shall not be executed
while the decision on the pardon or commutation of sentence applied for is pending.
8.
The State shall annul the punishment imposed on Mr. Raxcacó Reyes in the
judgment of the Sixth Court for Criminal Sentencing, Drug-Trafficking and
Environmental Crimes (supra para. 43(10)) within a reasonable time and, without
the need for a new trial, shall decide another punishment which, under no
circumstances, may be the death penalty. The State shall ensure that the new
punishment is proportionate to the nature and seriousness of the crime prosecuted
and takes into account any attenuating or aggravating circumstances related to the
case; to this end, before delivering judgment, it shall offer the parties the
opportunity to exercise their right to a hearing.
9.
The State shall adopt, within a reasonable time, the necessary measures to
adapt prison conditions to the corresponding international standards.
10.
The State shall provide Mr. Raxcacó Reyes, as of notification of this judgment
and after he has expressed his consent, for the time necessary, without any cost and
through the national health services, with adequate medical and psychological
treatment, including the medication prescribed by duly qualified specialists.
11.
The State shall adopt, as of notification of this judgment, the necessary
measures to enable Mr. Raxcacó Reyes to receive periodic visits from Olga Isabel
Vicente.
12.
The State shall adopt, within a reasonable time, the educational, work-related
and other measures necessary to ensure the social readaptation of Mr. Raxcacó
Reyes when he has served the sentence imposed in accordance with the eighth
operative paragraph of this judgment.
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