66 130. The Court considers that it cannot convict to payment of compensation for the pecuniary damages alleged, since there is not evidence to prove them. In what refers to non-pecuniary damages, the Court considers that this judgment constitutes, per se, a form of reparation, pursuant to international jurisprudence.109. It also orders the following measures: a) that the State 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 paragraph; b) the regulation of murder as stated in the second paragraph of Article 132 of the Criminal Code of Guatemala violates the American Convention (supra paras. 90 through 98). Therefore, the State must abstain 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 the 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; c) based on equitable considerations, as has been stated by this Court in other cases,110 the State must abstain from executing Mr. Fermín Ramírez, whichever the result of the trial referred to in subparagraph a) of the present paragraph; d) 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; e) 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; and f) it is appropriate to order, as has been stated by the Court in other cases111 and as a guarantee of non-repetition, that the State adopt, within a 109 Cfr. Case of Caesar, supra note 3, para. 126; Case of Huilca Tecse, supra note 102, para. 97; and Case of the Serrano Cruz Sisters, supra note 3, para. 157. 110 111 Cfr. Case of Hilaire, Constantine and Benjamin et al., supra note 86, para. 215. Cfr. Case of Caesar, supra note 3, para. 134; and Case of Hilaire, Constantine and Benjamin et al., supra note 86, para. 217.