4
contemplated the pardon, and before the current situation of its non-regulation, this
Court was compelled to declare the violation of the State of Guatemala in this sense.
Of the conditions of the prison
From the study of the record we can conclude that the conditions of the prison where
Mr. Fermín Ramírez is located waiting the definitive judgment regarding his case,
lacks the minimum conditions to guarantee the respect for his physical, psychic, and
moral integrity, reason why it is necessary to leave evidence of the concern of this
Court regarding the need that the State of Guatemala substantially improve the
imprisonment conditions of its inmates, both of those subject to serving a sentence
as of others that are awaiting its fulfillment in virtue of appeals that have not yet
been decided, as is the present case.
Conclusion
As Judge ad hoc I express that the study, analysis, and debate of this case produced
opposing feelings among those who participated in it.
As stated in the transcripts that document the deliberation of the present case, it
was analyzed taking into consideration all possible problems, reflecting the decision
issued, the unanimous concern of the Court regarding the complete respect of the
State of Guatemala of even the minimum detail of the human rights of its
inhabitants, in the understanding that because of this it must not stop guaranteeing
their public security, which is the greatest challenge to be overcome in a
Constitutional State.
As Judge ad hoc I issue opinions so that the State of Guatemala does not have to be
on trial before this Court ever again for having implemented institutional policies of
harassment, persecution, or systematic violation of the human rights of its
inhabitants and so that this type of cases, where the violations occurred are the
product, not of intent but of an imperfect observance of up to the minimum detail of
the procedural formalities established, be reduced to their minimum expression as a
result of the diligence, efficiency, and effectiveness of the procedural subjects and
operators of justice that will correct them.
To consider that this judgment is per se a form of reparation to Fermín Ramírez
proves the legal stature and fair vision of the Honorable Permanent Judges that
analyzed the present case with which as Judge ad hoc I am pleased.
Arturo Alfredo Herrador Sandoval
Judge ad hoc
Pablo Saavedra Alessandri
Secretary
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