30 82. In view of the above, the Court concludes that Article 201 of the Guatemalan Penal Code, on which the sentence of Mr. Raxcacó Reyes was based, violated the prohibition to arbitrarily deprive a person of their life established in Article 4(1) and 4(2) of the Convention. iv) Right to apply for a pardon or commutation of sentence 83. As described in the chapter on Proven Facts (supra para. 43(17)), Decree No. 159 of April 18, 1892, established the authority of the President of the Republic to hear and decide on pardons. However, Decree No. 32/2000 expressly revoked this authority and the pertinent procedure. 84. Despite the foregoing, Mr. Raxcacó Reyes applied for a pardon before the Minister of Governance of Guatemala on May 19, 2004 (supra para. 43(18)), basing his petition, inter alia, on Articles 1(1), 2 and 4(6) of the American Convention. From the Court’s case file, it is clear that the Ministry of Governance has not processed the said application for pardon (supra para. 43(18)). 85. On this point, in a previous case the Inter-American Court ruled against the State, in the sense that the revocation of Decree No. 159 of 1892, by Decree No. 32/2000, resulted in the elimination of the powers granted to an organ of the State to hear and decide the right to a pardon stipulated in Article 4(6) of the Convention.53 Consequently, the Court considered that the State failed to comply with the obligation arising from Article 4(6) of the Convention, in relation to Articles 1(1) and 2 thereof.54 86. law. In the instant case, the Court finds no cause to deviate from its previous case * * * 87. Article 2 of the American Convention obliges the States Parties to adopt, in accordance with their constitutional processes and the provisions of the Convention, such legislative or other measures as may be necessary to give effect to the rights and freedoms that it protects. It is necessary to reaffirm that the obligation to adapt domestic laws is only complied with when the reform is effectively carried out.55 88. In this case, the Court finds that, even though Mr. Raxcacó Reyes has not been executed, the State has failed to comply with Article 2 of the Convention. The mere existence of Article 201 of the Guatemalan Penal Code, which punishes any form of kidnapping or abduction with the mandatory death penalty and expands the number of crimes punishable with this sanction is, per se, a violation of this provision of the Convention.56 This opinion corresponds to the Court’s Advisory Opinion OC53 Cf. Case of Fermín Ramírez, supra note 1, para. 107. 54 Cf. Case of Fermín Ramírez, supra note 1, para. 110. 55 Cf. Case of the Indigenous Community Yakye Axa, supra note 4, para. 100, and Case of Caesar. Judgment of March 11, 2005. Series C No. 123, paras. 91 and 93. 56 Cf. Case of Lori Berenson Mejía. Judgment of November 25, 2004. Series C No. 119, para. 221; Case of Hilaire, Constantine and Benjamin et al., supra note 39, paras. 114 and 116; Case of Cantoral Benavides. Judgment of August 18, 2000. Series C No. 69, para. 176, and Suárez Rosero case, Judgment of November 12, 1997. Series C No. 35, para. 98.