39 122. Regarding the beneficiaries, the representatives stated that Mr. Raxcacó Reyes is the beneficiary of the reparations ordered by the Court. 123. With regard to pecuniary damage, the representatives alleged that, owing to the maximum security regime imposed on Mr. Raxcacó Reyes, he has been unduly deprived of his right to work in the prison and to earn the minimum wage that the Guatemalan Constitution guarantees to workers. Consequently, they requested the Court to condemn the State to pay compensation for loss of earnings equivalent to the wages that Mr. Raxcacó Reyes would have earned from August 6, 1997, to date, in accordance with the minimum wage in force in Guatemala. 124. Regarding non-pecuniary damage, the representatives stated that: (a) The State should pay Mr. Raxcacó Reyes a compensation based on the principle of equity, because, from the facts of the case, it is clear that Mr. Raxcacó Reyes has suffered moral and emotional anguish by being tried and sentenced to death in a proceeding that violated due process, in addition to the mental suffering resulting from awaiting the execution of the punishment and being subjected to the death row phenomenon, as well as to the prison conditions in which he is kept; and (b) The sufferings endured by Mr. Raxcacó Reyes have been increased because the possibility of pardon, amnesty or commutation of sentence does not exist in Guatemala, and the State is unwilling to adapt its legislation to international norms. 125. Also, regarding other forms of reparation, the representatives requested the Court to order the State: (a) To adapt its domestic legislative framework and adopt the necessary legislative or other measures to ensure that the death penalty is imposed, strictly respecting the rights and freedoms guaranteed by the American Convention; (b) To reform Article 201 of the Guatemalan Penal Code, since it violates the American Convention. The reform should respect the contents of this international instrument. To this end, the reform to the law should include the introduction of different categories in the crime classified as kidnapping, corresponding to the different degrees of seriousness of the facts, taking into account the circumstance of the crime and of those responsible. Also, the different levels of severity of the punishment should be ranked in relation to the gravity of the facts and the guilt of the accused, respecting the principle of the proportionality of the punishment; (c) To establish a domestic procedure for processing applications for pardon, which should respect the norms of due process of law embodied in the American Convention; (d) To improve prison conditions, principally to achieve the following objectives: (i) To provide medical and psychological care and to ensure that Mr. Raxcacó Reyes receives medical evaluation in a hospital establishment