7
34.
On December 13, 2004 the representatives presented their arguments
regarding the alleged existence of the conditions of extreme seriousness and urgency
and irreparability of the damage. In this regard they stated, inter alia, that said
conditions existed due to the possibility that Mr. Fermín Ramírez be executed.
Similarly, they stated that even though the Commission issued precautionary
measures, there was no guarantee that the State would obey them, and thus they
were ineffective in stopping the execution.
35.
On December 14, 2004 the Secretariat, following the President’s instructions,
sent the representative’s brief to the State and the Commission, and asked that they
present, no later than December 16, 2004, the observations considered appropriate
to said request of the representatives for provisional measures, as well as their
opinion on their admissibility.
36.
On December 14, 2004 the State presented its observations to the
representative’s request to adopt provisional measures and stated, inter alia, that it
had taken actions to comply with the precautionary measures issued by the
Commission on February 9, 2004 and that as of the determination of the
precautionary measures, the life of Mr. Fermín Ramírez had not been at risk at any
time nor had their been any attempts to execute the sentence imposed, reason for
which there were not enough motives or considerations of extreme seriousness to
justify an order of provisional measures in favour of the alleged victim.
37.
On December 16, 2004 the Inter-American Commission presented its
observations to the representative’s request to adopt provisional measures and
stated that it considered that the adoption of these was admissible since, inter alia,
even though the precautionary measures had been effective, “the Tribunal must
preserve its jurisdiction and issue the corresponding measures, since the matter was
pending before the Court and the considerations established by Article 63(2) of the
American Convention were present” and, also, in other cases, the State had
executed people protected by precautionary measures. It also stated that there was
an imminent damage due to the definitive nature of the conviction issued against Mr.
Fermín Ramírez and that the history of execution of the death sentence in Guatemala
indicates that the time-period between the issuing of said ruling and the date
established for its execution is short.
38.
On December 21, 2004 the President of the Court issued a Determination of
Urgent Measures, in which it ordered that the State protect the life and personal
integrity of Mr. Fermín Ramírez. In this Determination the President considered,
inter alia, that:
[…] despite the fact that up to now the precautionary measures issued by the
Commission have been effective, in the present case the conviction issued against Mr.
Fermín Ramírez seems to be definitive. Also, the Commission and the representatives
presented precedents regarding the execution, by the State, of people protected by
precautionary measures […]. That is, the situation described by the representatives and
the Commission in this case […] reveal prima face the existence of a situation of
extreme seriousness and urgency, that makes the avoiding of irreparable damages to
the right to live and personal integrity of Mr. Fermín Ramírez necessary, as well as the
avoidance of the frustration of a possible reparation that the Court may determine in
favour of the alleged victim.
39.
On March 12, 2005 the Inter-American Court issued a Ruling, through which
it decided to:
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents