69
6.
This Judgment is, per se, a form of reparation.
AND DECIDES:
unanimously, that:
7.
The State must hold, within a reasonable period of time, a new trial against
Mr. Fermín Ramírez, satisfying the demands of the due process of law, with all the
guarantees of hearings and defense for the accused. If he is charged with the crime
of murder, classification that was in force when the facts that he was charged with
occurred, the current criminal legislation must be applied with the exclusion of the
reference to dangerousness, in the terms of the following operative paragraph.
8.
The State must abstain from applying the part of Article 132 of the Criminal
Code of Guatemala that refers to the dangerousness of the agent and modify it
within a reasonable period of time, adjusting it to the American Convention, pursuant
to the established in Article 2 of the same, thus guaranteeing the respect for
freedom from ex post facto laws, enshrined in Article 9 of the same international
instrument. The reference to the dangerousness of the agent included in this
stipulation must be eliminated.
9.
The State must abstain from executing Mr. Fermín Ramírez, whichever the
result of the trial referred to in Operative Paragraph seven.
10.
The State must adopt, within a reasonable period of time, the legislative and
administrative measures necessary to establish a procedure that guarantees that
every person sentenced to death has the right to request pardon or commutation of
the sentence, pursuant to a regulation that determines the authority with the power
to grant it, the events in which it proceeds and the corresponding procedure; in
these cases the sentence must not be executed while the decision regarding the
pardon or commutation of the sentence requested is pending.
11.
The State must provide Mr. Fermín Ramírez, prior manifestation of his
consent for these effects, as of the notification of the present Judgment and for the
time necessary, without any cost and through the national health service, with an
adequate treatment, including the supply of medications.
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 norms of
human rights.
13.
The State must pay the reimbursement of expenses within the one-year term
as of the notification of the present judgment, in the terms of paragraphs 131
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