11
34.
That as to the payment for reimbursement of expenses (operative paragraph
fourteen of the Judgment), the State pointed out that on February 26, 2007 it
delivered the amount of US$ 5.000 (five thousand United State dollars) in
Guatemalan currency, according to what was ordered by the Court.
35.
That the representatives did not object to the above mentioned.
36.
That the Commission did not refer to this issue in the private hearing, but it
previously pointed out that “the Guatemalan State has complied with that duty”.
37.
That it spring from the case file that the State has made the payment so
ordered by the Court, and therefore the Court considers that it has fully complied
with this part of the Judgment.
C)
COMMON ISSUES BETWEEN THE JUDGMENTS
FERMÍN RAMÍREZ AND RAXCACÓ REYES
DELIVERED IN THE CASES OF
38.
That as to the duty of the State to abstain from applying the part of Section
12 of the Guatemalan Penal Code regarding the dangerousness of the agent and
conform it to the Convention within a reasonable time (operative paragraph eight of
the Judgment delivered in the case of Fermín Ramirez) as well as the amendment of
Section 201 of the Penal Code (operative paragraph five of the Judgment delivered in
the case of Raxcacó Reyes), the State informed that there are preliminary drafts
which propose the amendment of such rules but that “they have been observed”;
that on March 31, 2008, the Guatemalan Congress was requested to inform on the
steps taken to carry out the amendment of such section, request that has still not
been answered, which will be transmitted to this Court “in due time”. Furthermore,
the State pointed out that the Executive branch is preparing a bill to submit to the
Legislative branch, based on the terms ordered in the Judgments delivered in these
cases.
39.
That, furthermore, as to the State’s duty to abstain from applying the death
penalty and executing those convicted of the crime of kidnapping or abduction
(operative paragraph six of the Judgment delivered in the case of Raxcacó Reyes),
the State pointed out that “[t]he Supreme Court of Justice, by means of its
President, Oscar Humberto Vásquez Oliva, informed […] that “the enforcement of the
death penalty in the proceedings under process for the crime of [kidnapping or
abduction] is suspended by virtue of the Judgment delivered by the Inter-American
Court […]. In relation to the delivery of the judgments that declare the validity or
inadmissibility of the review of the cases of kidnapping or abduction, in some of
these cases, the evidence does not satisfy the requirements established by the
Guatemalan penal procedural legislation and it is owing to this, that such distinction
exists."
40.
That the representatives pointed out that the State has failed to comply with
such issues, since by May 2008, no bill has been submitted to the Congress of the
Republic in order to modify such provisions of the Guatemalan Penal Code. Besides,
they noted that the Commission on Legislation and Constitutional Issues has rejected
a bill to repeal the death penalty for the crimes of kidnapping and murder. That they
stated that the President has not exercised the authority to present a bill and has not
fostered any legislative reforms as ordered by the Court. They consider that the
legislative reforms must be extended to all the rules that are included in the
categories declared by the Court, that is, those that prescribe the punishment of
death penalty for the dangerousness of the agent or those that have broadened the
categories of crimes that prescribe death penalty after the ratification of the