-2- 7. The State must hold, within a reasonable period of time, a new trial against Mr. Fermín Ramírez, satisfying the demands of the due process of law, with all the guarantees of hearings and defense for the accused. If he is charged with the crime of murder, classification that was in force when the facts that he was charged with occurred, the current criminal legislation must be applied with the exclusion of the reference to dangerousness, in the terms of the following Operative Paragraph. 8. The State must refrain from applying the part of Article 132 of the Criminal Code of Guatemala that refers to the dangerousness of the agent and modify it within a reasonable period of time, adjusting it to the American Convention, pursuant to the established in Article 2 of the same, thus guaranteeing the respect for freedom from ex post facto laws, enshrined in Article 9 of the same international instrument. The reference to the dangerousness of the agent included in this stipulation must be eliminated. 9. The State must refrain from executing Mr. Fermín Ramírez, whichever the result of the trial referred to in Operative Paragraph seven. 10. The State must adopt, within a reasonable period of time, the legislative and administrative measures necessary to establish a procedure that guarantees that every person sentenced to death has the right to request pardon or commutation of the sentence, pursuant to a regulation that determines the authority with the power to grant it, the events in which it proceeds and the corresponding procedure; in these cases the sentence must not be executed while the decision regarding the pardon or commutation of the sentence requested is pending. 11. The State must provide Mr. Fermín Ramírez, prior manifestation of his consent for these effects, as of the notification of the present Judgment and for the time necessary, without any cost and through the national health services, with an adequate treatment, including the supply of medications. 12. The State must adopt, within a reasonable period of time, the measures necessary so that the conditions of the prisons adjust to the international norms of human rights. 13. The State must pay the reimbursement of expenses within the one-year term as of the notification of the present judgment, in the terms of paragraphs 131 through 137 of this Judgment. 14. The obligations of the State within the framework of the provisional measures ordered are replaced by those ordered in this Judgment, once the State ensures compliance of Operative Paragraphs 7, 8, and 9 of the present Judgment. 15. It will supervise compliance of this Judgment in an integrated manner, in the exercise of its powers and in compliance of its duties pursuant to the American Convention, and will consider this case closed once the State has fully implemented that stated in it. Within one year of notification of this Judgment, the State must present to the Court a report of the measures adopted for its execution. 2. The brief of July 27, 2005, whereby the Instituto de Estudios Comparados en Ciencias Penales (Institute of Comparative Studies of Criminal Sciences) of Guatemala, representative of Fermín Ramírez (hereinafter “the representatives”), submitted an “article published in the Guatemalan newspaper "Siglo XXI" on June 26, 2005 on the judgment delivered by the [...] Inter-American Court" in the instant case and informed that said Institute asked the newspaper to recant the allegations for being “fallacious and inaccurate.” 3. The Order of the Court of September 9, 2005, whereby it decided to rescind the provisional measures ordered in favor of Fermín Ramírez on December 21, 2004 by the President and ratified by the Court on March 12, 2005, and whereby it:

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