61
b) Mr. Fermín Ramírez must be granted a fair compensation destined to making
up, in an adequate and effective manner, for the pecuniary damages caused
by the violations committed;
In regard to the non-pecuniary damage
c) the compensation must be granted in the extension and measure sufficient to
reimburse the non-pecuniary damages caused;
d) Mr. Fermín Ramírez is awaiting his execution since May 6, 1998, date on
which the conviction was issued, and lacks guarantees regarding his rights;
e) a judgment that takes into considerations the claims of the victim is one form
of satisfaction. In this case, the suffering and anguish experimented by Mr.
Fermín Ramírez for more than six years, under the phenomena of death row
must be taken into consideration; and
f) the constant threat in which Mr. Fermín Ramírez finds himself that he may at
any time be executed as a consequence of a conviction contrary to the
American Convention is enough for the Court to issue a compensation in his
favour, in equity, for the moral damage the State has caused him.
With regard to other forms of reparation
g) in this case the restitutio in integrum of the Mr. Fermín Ramírez’s rights that
were violated is appropriate, since the death penalty has not been executed;
h) the Court must order the State to:
i.
guarantee to the injured party the enjoyment of its rights or liberties
violated and leave without effect the conviction imposed;
ii.
conduct a new trial against Mr. Fermín Ramírez pursuant to the rules
of the due process of law;
iii.
commute the death penalty imposed upon Mr. Fermín Ramírez; and
iv.
adopt the measures necessary in order to guarantee the “nonrecidivism” of irregular procedures that may produce irreparable effects.
In relation to the costs and expenses
i)
126.
both the Institute of Public Defense and the Institute of Compared Studies
may prove before the Court the costs in which they incurred during the
processing of the present case before the Inter-American System of Human
Rights.
Arguments of the representatives
In relation to the beneficiaries
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos