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1.
The State violated to the detriment of Raxcacó-Reyes the rights enshrined in
Articles 4(1), 4(2) and 4(6) of the American Convention on Human Rights in relation to
Articles 1(1) and 2 thereof, as set forth in paragraphs 54 to 90 of [the] Judgment.
2.
The State violated to the detriment of Raxcacó-Reyes the Right to Humane
Treatment enshrined in Articles 5(1) and 5(2) of the American Convention on Human
rights, in relation to Article 1(1) thereof, as set forth in paragraphs 93 to 102 of [the]
Judgment.
3.
It has not been proven that the State violated to the detriment of Raxcacó-Reyes
the Right to Judicial Protection enshrined in Article 25 of the American Convention on
Human Rights, for the reasons set forth in paragraphs 110 to 113 of [the] Judgment.
4.
[The] judgment is in and of itself a form of redress, as set forth in paragraph 131
[there]in.
AND RULE[D]:
Unanimously, that:
5.
The State must amend, within a reasonable time limit, Article 201 of the Criminal
Code in force to provide for different and specific crime definitions in order to determine
the different forms of kidnapping or abduction on the basis of their characteristics, the
seriousness of the events and the circumstances surrounding the crime, with the pertinent
provisions as to the different proportional penalties, as well as the acknowledgment of the
right of the judicial authorities to individualize the applicable penalties in consistency with
the particulars of the event and the author, within a maximum and minimum penalty
threshold to be established for each particular crime. Under no circumstances shall said
amendment broaden the list of crimes punishable by death before ratification of the
American Convention.
6.
While the above mentioned amendments are still pending, the State must refrain
from applying the death penalty and execute convicted prisoners for the crime of
kidnapping and abduction, as set forth in paragraph 132 of [the] Judgment.
7.
The State must adopt, within a reasonable time limit, a procedure that
guarantees that any person sentenced to death is entitled to apply for and, if appropriate,
be granted a pardon under certain rules that provide for the authority empowered to
grant it, the legal basis for its granting and the related procedure. In these cases, the
sentence must not be executed while the decision on a request for pardon or
commutation is pending.
8.
The State must vacate the sentence imposed on Raxcacó-Reyes under the
judgment delivered by the Sixth Trial Court for Criminal, Drug-trafficking and
Environmental Offenses […] within a reasonable time limit and shall, without the need to
conduct a new trial, issue another judgment that shall not, in any way, provide for a
death penalty sentence. The State must guarantee that the new sentence is proportional
to the nature and seriousness of the crime and consider any mitigating or aggravating
factors. In doing so and prior to imposing a new sentence, the parties shall be afforded
the opportunity to exercise the right to be heard in open court.
9.
The State must adopt, within a reasonable time limit, the necessary measures to
ensure that prison conditions conform to international standards.
10.
The State must provide Raxcacó-Reyes, free of charge and at national healthcare facilities, with his prior consent and for the necessary period of time from the date
the notice of [the] Judgment is served upon it, with any medical and psychological
treatment that duly qualified specialists might prescribe and which shall comprise
provision of medicines.
11.
The State must adopt, from the date the notice of [the] Judgment is served upon
it, the necessary measures to allow Olga Isabel Vicente to regularly visit Raxcacó-Reyes.
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