9
that the maximum prison term in Guatemala is fifty years and that Mr. Raxcacó
Reyes has been sentenced to forty years; that neither of the parties alleged that the
domestic courts have failed in their duty to state their decisions or have committed a
violation of the judicial guarantees; that the domestic judges heard the arguments
presented by the representatives of Mr. Raxcacó Reyes and what he had to say at
the hearing held to such effect. As a consequence, the Court deems that the State
has fully complied with this part of the Judgment.
*
*
*
20.
That as to the duty to provide Mr. Raxcacó Reyes, prior manifestation of his
consent and for the time necessary, with an adequate medical and psychological
treatment, including the supply of medications (operative paragraph ten of the
Judgment), the State detailed several steps that it has taken from January 15, 2002
to June 15, 2007 in order to comply with this issue. Furthermore, it pointed out that
“[t]he Division of Psychology and the psychologist of the criminal facility informed
that Mr. Raxcacó Reyes voluntarily stated that he did not need the psychological
treatment and therefore, he does not receive therapy or any other type of
medicine".
21.
That the representatives and the Commission acknowledged that the State
has provided certain type of medical care but they pointed out that the victim’s nextof-kin are the ones who are providing him with the necessary medicine. That the
Commission expressed that the State mus
t bear in mind that "a good part" of the physical conditions and diseases the victim is
suffering are a direct consequence of the suffering he was subjected to, and
particularly, of the excessive time he remained uncertain about the possible
execution.
22.
That the Court considers that the State has taken some steps in order to
comply with this part of the Judgment, but it deems it is adequate to obtain further
information by the State, especially regarding the alleged lack of supply of medicine
to the victim. Furthermore, the Tribunal deems it is appropriate that the
representatives confirm whether the wish of Mr. Raxcacó Reyes is not to receive
psychological treatment.
*
*
*
23.
That as to the duty to adopt the necessary measures to enable Mr. Raxcacó
Reyes to receive periodic visits from Mrs. Olga Isabel Vicente (operative paragraph
eleven of the Judgment), the State informed that Mrs. Vicente is confined in the
Center of Female Orientation (COF) and that, after having been personally
interviewed, Mrs. Vicente would have pointed out that " it has been approximately
two years since she has no relationship with Mr. Raxcacó Reyes since he has a
relationship with another inmate of the Center of Female Orientation, who has
requested permission to visit him at the Granja Modelo de Rehabilitación Pavón,
affirming that they are a couple. Therefore, she stated that she does not wish to
communicate with Mr. Raxcacó Reyes despite the fact that he is still her husband
and pointed out that she is not ready to visit him”.
24.
That neither the representatives nor the Commission made reference to that
argument of the State.