7 2006, sentencing Mr. Fermín Ramírez to 40 years imprisonment (non-commutable) on the count of aggravated rape. The defense filed a special appeal against such verdict, which was decided over on November 2, 2006, by the Fourth Chamber of the Appellate Court on Criminal, Drug-trafficking and Environmental Offenses matters, that dismissed such appeal and, therefore, decided not to modify the judgment. On January 22, 2007, the Criminal Chamber of the Supreme Court of Justice would have denied the appeal for annulment lodged by the defense of Mr. Fermín Ramírez. On July 2007, according to the State, there were no modifications or remedies pending resolution and the appeal for annulment was final. 5. That the representatives did not refer to this aspect, but the Commission requested the State to submit additional information on the progress of the stage of appeals. 6. That the State has submitted information regarding this aspect, and therefore, it has been fully complied with. Nevertheless, this President considers relevant to obtain further information to determine if such judgment is final or if there is some remedy still pending resolution. * * * 7. That, as to the State’s obligation to refrain from applying Article 132 of the Criminal Code of Guatemala regarding the dangerousness of the agent, and adapt said rule to the Convention within a reasonable time (operative paragraph eight of the Judgment), the State informed that in the Judgment of June 21, 2006, the Tribunal refrained from applying such rule with regard to Mr. Fermín Ramírez. 8. That the representatives have pointed out that the State has failed to comply with this aspect, since up to August 2007, no bill was submitted to the Parliament in order to amend Article 132 of the Criminal Code of Guatemala. Besides, they recalled that the Commission of Legislation and Constitutional Affairs [Comisión de Legislación y Puntos Constitucionales] has quashed a bill intended to repeal the death sentence for the crimes of kidnapping and murder. Furthermore, they informed that seven convicts under the provisions of Article 132 of the Penal Code of Guatemala, are in risk of being executed, since the State has neither revoked nor commuted the death sentence. In this sense, they asserted that the Criminal Chamber of the Supreme Court of Justice has denied several appeals for review that were intended to set aside the death sentences, and that officers of the State have also publicly affirmed the need to accelerate the executions. 9. That the Commission took note that the part of Article 132 of the Penal Code of Guatemala regarding the dangerousness has not been applied to Mr. Fermín Ramírez, but it emphasized that the State made no reference as to the possible application of said rule to other criminal procedures. Moreover, it considered essential that the State informs on the measures adopted to fully comply with this aspect; specially, if any general instruction has been given in order to avoid the application of the criteria of dangerousness to other criminal procedures. 10. That this President considers that the State should inform on the measures adopted to comply with this aspect of the Judgment, in particular, with regard to the entry into force and application of said provisions of the Criminal Code to other procedures, since there is no information related to such issue in the reports. * * *

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