21
b)
To abstain from applying the death penalty and executing those
convicted of the crime of kidnapping or abduction (operative paragraph six of
the Judgment);
c)
To adopt a procedure that ensures that any person condemned to
death has the right to apply for and, if applicable, obtain pardon or
commutation of sentence (operative paragraph seven of the Judgment);
d)
To adopt the necessary measures to adapt prison conditions to the
corresponding international standards (operative paragraph nine of the
Judgment);
e)
To adopt the necessary measures to enable Mr. Raxcacó Reyes to
receive periodic visits from Olga Isabel Vicente (operative paragraph eleven of
the Judgment); and
f)
To adopt the educational, work-related and other measures necessary
to ensure the social readaptation of Mr. Raxcacó Reyes when he has served
the sentence imposed (operative paragraph twelve of the Judgment).
AND DECIDES:
1.
To order the State of Guatemala to adopt all the measures necessary to
effectively and promptly comply with the issues pending compliance with the
Judgments delivered in the cases of Fermín Ramírez and Raxcacó Reyes as pointed
out in the second, fourth and fifth supra declaratory paragraphs.
2.
To order the State of Guatemala to submit to the Inter-American Court of
Human Rights, not later than September 15, 2008, a report describing all the
measures adopted in each case to comply with the reparations ordered by this Court,
which are still pending compliance. As to the case of Raxcacó Reyes, the State shall
include in its report what has been pointed out in the considering paragraphs 22, 29,
50 and 56 of this Order and with regard to the case of Fermín Ramírez, what has
been pointed out in the considering paragraphs 12, 15, 50 and 56.
3.
To call upon the representatives of the victims and the Inter-American
Commission on Human Rights to submit their observations to the State’s report
referred to in the preceding operative paragraph, within a period of four and six
weeks, respectively, as from the date of receipt of the report. As to the case of
Raxcacó Reyes, the representatives shall submit to the Court the information
referred to in the considering paragraphs 22 and 25 of this Order and the
Commission the information requested in the considering paragraph 25 supra.
4.
To reject the request for extension of provisional measures filed by the
representatives of the beneficiaries, based on the reasons mentioned in the
considering paragraphs 51 to 63 of this Order.
5.
To repeat the State to maintain the provisional measures necessary to protect
the life of Mr. Bernardino Rodríguez Lara in order not to hinder the processing of his
case before the Inter-American system for protection of human rights.
6.
To order the State to submit a report on the court orders it has adopted in
order to comply with the provisional measures ordered in favor of Bernardino
Rodríguez Lara, no later than September 15, 2008 and to continue informing the