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inter-American system alleging that the State has violated Article 4(2) of the
American Convention, because it imposed the death penalty for a crime for
which this penalty was not contemplated when the State ratified the American
Convention;
(d)
On June 25, 2004, the Center for Justice and International Law
(hereinafter “CEJIL”) and the Instituto de la Defensa Pública Penal [Institute
for Public Defense in Criminal Matters] requested the Commission to order the
adoption of precautionary measures and to request the Inter-American Court
to order provisional measures in favor of the four men who have been
condemned to death and who are mentioned in subparagraph (a) of this
paragraph, in order to preserve their lives and personal integrity;
(e)
The four men who have been condemned to death and who are
mentioned in subparagraph (a) of this paragraph have exhausted domestic
remedies in their respective cases. Their status of their respective cases is
described below:
(e)(1) Ronald Ernesto Raxcacó-Reyes was condemned to death on
May 14, 1999, together with Hugo Humberto Ruiz-Fuentes and
another two individuals, for the crime of abducting a child. Mr.
Raxcacó-Reyes’ defense lawyer filed appeals for annulment, for
dismissal, and for amparo (protection), all of which were rejected. On
January 28, 2002, CEJIL, the Instituto de Estudios Comparados en
Ciencias Penales de Guatemala (ICPG) [Guatemalan Institute for
Comparative Studies on Criminal Science] and the Instituto de Defensa
Pública Penal filed a petition before the Commission because the State
had imposed the death penalty on Mr. Raxcacó-Reyes, allegedly in
violation of Articles 1(1), 2, 4, 5, 8, 10 and 25 of the American
Convention. Regarding this petition, on October 9, 2002, the
Commission issued Admissibility Report No. 73/02, and on October 8,
2003, Merits Report No. 49/03. The period for complying with the
decisions contained in the latter has been suspended, following two
extensions granted by the Commission to the State, because the State
had expressed its willingness to submit draft laws to Congress that
would annul the death penalty in general, and also the specific laws
that provide for it, so as to halt execution of the death penalty;
(e)(2) Hugo Humberto Ruiz-Fuentes was condemned to death by a
judgment of May 14, 1999, for the crime of abduction. The appeals for
annulment, for dismissal, and for amparo filed against his conviction
were denied; “consequently, the remedies under domestic law have
been exhausted.” On December 16, 2003, Mr. Ruiz-Fuentes’ defense
lawyer filed a request for executive clemency before the President of
the Republic, which “up until July 14, 2004, the date of the last
communication sent to the Commission, had not been decided.” In
the brief with final arguments in the case of Ronald Ernesto RaxcacóReyes, his representatives requested that Hugo Humberto RuizFuentes should be included in this case; the State objected to this
request. In Merits Report No. 49/03, the Commission considered the
request unfounded and ordered that an independent petition should be
processed; this was initiated on July 26, 2004;
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