43
133. The Commission and the representatives requested that a new criminal trial
should be held for Mr. Raxcacó Reyes, in which the reformed legislation would be
applied. In its final written arguments, the Commission reconsidered this claim,
taking into account that what is at issue in the instant case, is not the validity of the
criminal proceeding that was conducted against the victim, but rather the
consequence established by law; namely, the death penalty. This Court orders that,
within a reasonable period, the punishment imposed on Mr. Raxcacó Reyes in the
judgment of the Sixth Court for Criminal Sentencing, Drug-Trafficking and
Environmental Crimes (supra para. 43(10)) should be annulled and, without the
need for a new trial, another punishment should be ordered, which, under no
circumstances, may be the death penalty. To this end, the Court takes into account
that this punishment is incompatible with the American Convention, based on the
considerations in this regard included in another section of this judgment (supra
paras. 54 to 90), from which it is clear that the State could not apply this
punishment in the specific case examined herein. The State must ensure that the
new punishment is proportionate to the nature and gravity of the crime punished and
that it takes into account any attenuating or aggravating circumstances related to
the case. To this end, before delivering judgment, it should offer the parties the
opportunity to exercise their right to a hearing.
c)
Adaptation of prison conditions to international standards
134. As the Court has ordered in other cases,79 and as a guarantee of nonrepetition, the State must adopt, within a reasonable period, the necessary measures
to adapt prison conditions to the corresponding international standards.
135. From the evidence submitted in this case, it is evident that Mr. Raxcacó Reyes
suffers physical and psychological problems (supra para. 43(20)). The Court
therefore considers it appropriate to order, as it has in other cases80 that, as of
notification of this judgment, the State should provide Mr. Raxcacó Reyes, if he
should require it and for the time necessary, without any cost and through the
national health services, with adequate medical and psychological treatment,
including any medication prescribed by duly qualified specialists. Also, since Mr.
Raxcacó Reyes’ wife, Olga Isabel Vicente, is in prison as a result of her conviction for
participating as an accomplice in the kidnapping of which Mr. Raxcacó Reyes is
accused (supra paras. 43(21) and 43(22)), the State must order the necessary
measure to allow him to receive visits from his wife. Lastly, the State must adopt,
within a reasonable time, the educational, work-related and other measures
necessary to ensure the social readaptation of Mr. Raxcacó Reyes when he has
served the sentence imposed, as provided for in Article 5(6) of the American
Convention:
Punishments consisting of deprivation of liberty shall have as an essential aim the reform
and social readaptation of the prisoners.
d)
Dissemination of the judgment
79
Cf. Case of Fermín Ramírez, supra note 1, para. 130; Case of Caesar, supra note 55, para. 134,
and Case of Lori Berenson Mejía, supra note 57, para. 241.
80
Cf. Case of Fermín Ramírez, supra note 1, para. 130; Case of Caesar, supra note 55, para. 131,
and Case of Lori Berenson Mejía, supra note 57, para. 238.
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