57
b)
the State has deprived Mr. Fermín Ramírez of the conditions necessary
for his social reinsertion. In this sense:
i.
Mr. Ramírez is currently located in an area of the prison where
he lives with 80 other inmates; during the hot season he sleeps in the
yard, since it is impossible to sleep inside because they do not have a
fan. He does not have the possibility to go outside; most of the time
they do not have water; the installations have sanitary problems and
the food is bad and insufficient;
ii.
they do not have adequate and responsible medical, dental,
and psychological services. When Mr. Ramírez had appointments at the
public hospital, the authorities did not take him.
During his
imprisonment he developed gastritis, but he never received special
foods, which caused him an ulcer;
iii.
Mr. Ramírez suffers from ill treatments and threats from other
inmates and the guards. In Sector 11 another inmate attacked him
with a knife, reason for which he currently suffers from pain on the left
side;
iv.
Mr. Ramírez has visitation rights of one hour per week;
however, the registration process of visitors reduces it to 35 or 45
minutes. He has not seen his children in 7 months and he has not had
a marital visit in more than a year; and
v.
there are not adequate physical spaces for an effective
communication with his defense counsel.
c)
the special security regime, the treatment, and the conditions of
imprisonment constitute a method for the destruction of Mr. Ramírez’s
physical and mental capacity. These conditions cause suffering and anguish,
which has resulted in pshychomatic illnesses for which he does not receive
any treatment;
d)
in the present case the essential elements of the phenomena of death
row have come together: the extended delay while awaiting the execution,
the imprisonment conditions, and the anguish; and
e)
the next of kin of Mr. Fermín Ramírez have also suffered due to the
anguish of knowing that he is on death row: the former couple of Mr.
Ramírez, Ana Lucrecia Sis, was fired from her job when they found out that
she was the wife of Mr. Ramírez; Ricardo Fermín Ramírez, the smallest of the
children of the alleged victim and Ana Lucrecia Sis suffered a depression due
to his father’s conviction to death, the child passed away due to the state of
anguish and depression he was in; the other children suffer severe
depression, have learning problems, and are under psychological treatment.
Regarding Article 17 of the American Convention, in relation with Article 1(1)
of the same
a)
the severe restrictions imposed by the State on Mr. Fermín Ramírez
have deprived him of the possibility to have a relationship with his children,
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