2
12.
The State must adopt, within a reasonable period of time, the measures
necessary so that the conditions of the prisons adjust to the international rules of human
rights.
13.
The State must pay the reimbursement of expenses within the one-year term
as of the notification of this judgment, in the terms of paragraphs 131 through 137 of
[the] Judgment.
14.
The obligations of the State within the framework of the provisional measures
ordered are replaced by those ordered in [the] Judgment, once the State ensures
compliance of Operative Paragraphs 7, 8, and 9 of the […] Judgment.
[…]
2.
The Order of the Court of September 22, 2006, whereby it:
DECLARE[D]:
1.
That, in accordance with Considering clause number eight of […] Order, the
State has complied with the provisions of Operative Paragraph thirteen of the Judgment
on the merits and reparations delivered by the Court on June 20, 2005, as it effectively
made reimbursement of costs and expenses to the Instituto de Estudios Comparados en
Ciencias Penales (Institute of Comparative Studies of Criminal Sciences) under the
provisions of paragraphs 131 to 137 of said Judgment.
2.
That it will keep open the proceedings for monitoring compliance with the
aspects pending fulfillment, namely the obligations to:
a)
Effectively conduct, within a reasonable time, a new trial against Fermín Ramírez,
satisfying the demands of the due process of law, with all the guarantees of
hearings and defense for the accused (Operative Paragraph number seven);
b)
Refrain from applying the part of Article 132 of the Criminal Code of Guatemala that
refers to the dangerousness of the agent and adapt it to the Convention within a
reasonable time (Operative Paragraph Eight);
c)
Refrain from executing Fermín Ramírez, whichever the outcome of the trial referred
to in Operative Paragraph seven (Operative Paragraph Nine);
d)
Adopt the legislative and administrative measures necessary to establish a
procedure that guarantees that every person sentenced to death has the right to
request a pardon or commutation of the sentence (Operative Paragraph Ten);
e)
Provide Fermín Ramírez with an adequate treatment (Operative Paragraph Eleven);
f)
Adopt, within a reasonable time limit, the necessary measures to ensure that prison
conditions conform to international standards on human rights (Operative Paragraph
twelve);
AND DECIDE[D]:
1.
To require the State to take the necessary measures to fully and immediately
comply with the Operative Paragraphs pending fulfillment of the Judgment on the merits
and reparations delivered by the Court on June 20, 2005 and […] Order, according to
the provisions of Article 68(1) of the American Convention on Human Rights.
[…]
3.
The briefs submitted on January 19, July 18, August 2 and November 7,
2007, by which the Republic of Guatemala (hereinafter, the “State” or "Guatemala”)
informed on the progress made regarding the compliance with the Judgment
delivered in the instant case.
4.
The briefs submitted by the representatives of Mr. Fermín Ramírez on August
23, 2007 and January 11, 2008, by which they made observations to the already
mentioned State's reports.
5.
The briefs submitted by the Inter-American Commission on Human Rights
(hereinafter, the “Commission” or the “Inter-American Commission”) on September
19 and December 21, 2007, by which the Commission made observations to the
already mentioned State’s reports.