33
prisoners, indictees, and convicted individuals located in the areas of the High
Security facility called “el Infiernito”, located in the perimeter of the Granja Modelo
de Rehabilitación Canadá, Escuintla and of the prisoners who are presenting
gastrointestinal and skin alterations, reason for which the initiation of the
corresponding investigation was ordered.68
54(53) Currently, the execution of Mr. Fermín Ramírez’s death sentence is under the
jurisdiction of the Second Court of Criminal Execution and it is suspended due to the
validity of the provisional measures ordered by the Court in the present case (supra
paras. 32-41).
Detention conditions Mr. Fermín Ramírez has been submitted to
54(54) Mr. Fermín Ramírez has been detained since May 10, 199769 and up to this
date.
54(55) Mr. Fermín Ramírez has been detained in the following prisons: first in the
Granja Modelo de Rehabilitación Canadá Escuintla; on September 28, 1999 he was
transferred to the High Security Center Canadá de Escuintla; and on December 5,
2000 he was taken to Sector 11 of the Center of Preventive Detention for Men on
Zone 18. On November 19, 2003 he was admitted again in to the High Security
Prison Canadá de Escuintla, also known as “Infiernito”, where he is currently
detained in sector B-470.
54(56) While Mr. Fermín Ramírez was detained in sector 11 of the Center of
Preventive Detention of Zone 18, this prison permanently lacked water, there were
serious problems in the sanitary installations and id did not have an adequate
medical service.71 Mr. Fermín Ramírez remained detained with two other people in a
small room, he had his own cement sheet to sleep on and the cell had a bathroom.
He was not allowed out of the cell not even to carry out outdoor activities and his
possibilities to develop educational or labor activities were very limited. The visits
were limited to one hour per week. It did not offer medical or psychological
services.72
68
Cfr. Ruling of April 11, 2005 issued by the Lower Criminal, Drug Trafficking, and Environmental
Crimes Court of the Department of Escuintla (dossier of statements offered before a notary public and
evidence to facilitate adjudication of the case, volume I, folios 973-975).
69
Cfr. Judgment of March 6, 1998 issued by the Criminal, Drug Trafficking, and Environmental
Crimes Trial Court (dossier of appendixes to the petition, appendix 7, folios 87 and 88); and expert
statement offered before notary public (affidavit) by Mr. Rodolfo Kepfer Rodríguez on May 5, 2005
(dossier of statements offered before a notary public and evidence to facilitate adjudication of the case,
volume I, folio 828).
70
Cfr. Legal certification issued by the Mayor on duty pf the High Security Center Canadá Escuintla
(dossier of statements offered before a notary public and evidence to facilitate adjudication of the case).
71
Cfr. Svendsen, Kristin and Cetina, Gustavo: “Death Row. Prison Conditions of those punished with
the Death Penalty in Guatemala”. ICCPG. Guatemala, August 2004 (dossier of appendixes to the brief of
pleadings and motions, appendix 13, page 70). See also Inter-American Commission of Human Rights,
Fifth Report on the Situation of Human Rights in Guatemala, April 6, 2001, Chapter VIII; and MINUGUA,
Verification Report, The Penitentiary Situation in Guatemala, April 2000.
72
Cfr. Expert statement offered before notary public (affidavit) by Mr. Rodolfo Kepfer Rodríguez on
May 5, 2005 (dossier of statements offered before a notary public and evidence to facilitate adjudication
of the case, volume I, folio 829); and testimonial statement offered before notary public (affidavit) by Mr.
Fermín Ramírez on May 3, 2005 (dossier of statements offered before a notary public and evidence to
facilitate adjudication of the case, volume I, folios 825, 963, and 964).
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