2 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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