8 11. That in relation to the obligation to refrain from executing Mr. Fermín Ramírez, whichever the result of the trial is (operative paragraph nine of the Judgment), the State informed that in the new trial against Mr. Fermín Ramírez was effectively conducted and that he was sentenced to 40 years imprisonment (non-commutable) on the count of aggravated rape. 12. That the representatives have made no reference regarding such aspect and the Commission expressed that the State has respected that measure. 13. That, even though the obligation to refrain from executing Mr. Ramírez is independent of the outcome of the new proceedings and the death penalty is inapplicable vis-à-vis the crime for which the defendant was tried and convicted, according to what has been determined, this Court deems it convenient to verify that said judgment is final until full observance thereof is declared. * * * 14. That as to the duty to adopt legislative and administrative measures necessary to implement a procedure that guarantees that whoever is sentenced to death penalty will be entitled to request a pardon or commutation of the sentence (operative paragraph ten of the Judgment), the State informed that the Court is aware of the proposals and legislative initiatives regarding this issue, but that, for the time being, the Court on Constitutional Affairs cannot deliver a judgment on the constitutionality of such measures. Furthermore, it informed that, “no person who has applied for pardon or sentence commutation has been executed.” 15. That the representatives expressed that the State has not complied with this aspect, since no bill intended to regulate the measure of grace properly guarantees the right to a hearing and due process of law for the person sentenced to death. Specially, the representatives consider that the present bill N° 3521 is incompatible with the American Convention. 16. That the Commission acknowledged the efforts made by the State in such respect and considered that it is essential to bear in mind the international parameters in order to amend a law. Moreover, it deemed that the State should submit further detailed and updated information regarding this aspect. 17. That this President considers it is necessary to obtain thorough and detailed information regarding the current situation with regard the possible regulation of the pardon in connection with the death sentence. * * * 18. That as to the duty to provide Mr. Fermín Ramírez, prior manifestation of his consent, without any cost and through the national health services, with an adequate treatment, including the supply of medications (operative paragraph eleven of the Judgment), the State informed that a multidisciplinary staff of a criminal center clinic has been providing, on a regular basis, Mr. Fermín Ramírez with medical care, psychological and deontological treatment. Mr. Fermín Ramírez has been receiving medical care in order to treat some minor diseases. Besides, on July 4, 2007, he undergone a physical examination and it was found that he was suffering from gastritis and possible ulcer for 6 years then, for what he is receiving adequate medication to treat such diseases.