17
ensures that any person condemned to death has the right to apply for and, if
applicable, obtain pardon or commutation of sentence, according to a regulation that
establishes which authority should grant it, the cases in which it can be granted and
the corresponding processing, after the due process is followed in which the legal
remedies have been fully used".
55.
That, in relation to the nature of the provisional measures ordered in the case
of Raxcacó Reyes et al. the State mentioned that such measures “aim at
safeguarding the lives of the beneficiaries of such measures while their cases are
being processed before the Inter-American system of protection of human rights,
and therefore, the request for extension of the measures is not consistent with the
sense of the already existing measure”. Nevertheless, the State pointed out that “it
does not oppose to the adoption of measures in favor of those people sentenced to
death”.
56.
That it spring from the information supplied by the State that 25 people are
sentenced to death in Guatemala, and 6 of them are fugitives from justice. From the
remaining 19 of them, 7 persons were convicted of murder, namely: 1. Miguel Ángel
López Caló; 2. Dimas Samayoa García; 3. Santos Hernández Torres; 4. Adolfo Rodas
Hernández; 5. Antonio Israel Jiménez Godínez; 6. Miguel Ángel Rodríguez Revolorio,
and 7. Juan Pablo Rafael Eduardo Ocampo Alcalá. The Court has no information
regarding to whom of these persons Article 132 of the Penal Code, that the Court
considered incompatible with the Convention in the case of Fermín Ramirez, was
applied. The State should inform on this regard. Moreover, 12 persons are convicted
of kidnapping or abduction, namely: 1. Carlos Enrique Chun Choc; 2. Gustavo Adolfo
Carranza Castañeda; 3. Jorge Arturo Mazate Paz; 4. Carlos Amilcar González Díaz; 5.
Audelio Díaz González; 6. Moisés Esteban Santizo Ola; 7. Edwar Mike Pineda
Morales; 8. Ramiro Geovanny Padilla Marroquín; 9. Waldemar Hidalgo Marroquín; 10.
Jaime Raúl Quezada Corzo; 11. Douglas Rembil Montt Solórzano and 12. Bernardino
Rodríguez Lara. The Court is unaware of the fact if in all of these cases, the part of
Article 201 of the Penal Code that the Tribunal considered as an extension of the
classification of crimes punished with death penalty, was applied to. The State should
inform on this regard. Mr. Bernardino Rodríguez Lara (case Nº 12) only is actually
protected by the Court by virtue of the provisional measures ordered in this case.
57.
That the Court considers that the several duties of the State that derived from
the Judgments delivered in the cases of Fermín Ramírez and Raxcacó Reyes are
applicable to all or some of the individuals mentioned in the aforesaid considering
clause. In fact, according to the operative paragraph six and paragraph 132 of the
Judgment in the case of Raxcacó Reyes, the State will not be able to execute those
people convicted of kidnapping or abduction that did not result in the death of the
victim. As mentioned above, the Court cannot identify which of those persons are
included in this assumption. Moreover, according to the operative paragraph eight
and paragraphs 81 and 90 to 98 of the Judgment in the case of Fermín Ramirez, the
State will not be able to execute those persons to whom the part of Section 132 of
the Penal Code regarding the dangerousness of the agent has been applied. The
Court can neither identify those who are included in that assumption. Finally, by
virtue of the operative paragraphs ten of the Judgment in the case of Fermín
Ramírez and seven of the Judgment in the case of Raxcacó Reyes, the State will not
be able to execute any person sentenced to death, whatever the reason for the
punishment of death penalty imposed on them was, while the decision regarding the
pardon or commutation of the penalty is still pending. According to this assumption,
there are 25 persons sentenced to death and any other that in the future could be
sentenced to the same penalty.