56 […] its concern regarding the elimination of the measure of grace or pardon in the case of the death penalty, through a Law of May 12, 2001, acknowledged by the [International] Pact [of Civil and Political Rights] in paragraph 4 of its Article 6. It took note of the information […] since despite the existence of said law the President of the Republic has made use of said right on the grounds of the supremacy of international treaties over regular laws. The State Party must guarantee that every person convicted to death has the right to request a pardon or the commutation of the sentence, adjusting the legislation to the obligations of the Pact and issuing the corresponding provisions so that right to petition may be exercised.94 109. The Court considers that the right to grace forms part of the international corpus juris, specifically of the American Convention and the International Pact of Civil and Political Rights.95 For these effects, said international treaties on human rights have preeminence over internal laws, pursuant to that established in Article 46 of the Political Constitution of the Republic of Guatemala.96 110. Therefore, since the internal legislation does not establish any attribution so that a State body has the power to know of and decide upon the measures of grace and being this the explanation for the denial of the measure of grace presented by Mr. Fermín Ramírez, the State failed to comply with the obligations derived from Article 4(6) of the Convention in relation to Articles 1(1) and 2 of the same. XI ARTICLE 5 AND 17 OF THE AMERICAN CONVENTION IN RELATION WITH ARTICLE 1(1) OF THE SAME (RIGHT TO HUMANE TREATMENT AND RIGHTS OF THE FAMILY) 111. The Commission did not refer to Articles 5 and 17 of the American Convention. 112. Arguments of the representatives Regarding Article 5(1), 5(2), and 5(6) of the American Convention a) in his condition of convicted to the death penalty, Mr. Fermín Ramírez has been submitted to imprisonment conditions, especially those experienced in Sector 11, that constitute cruel, inhumane, and degrading treatment and he has had to support a long wait of almost seven years for the execution of the sentence; 94 Human Rights Committee of the United Nations. Final Observations of the Human Rights Committee: Guatemala. 72º meeting, August 27, 2001, CCPR/CO/72/GTM, para. 18. 95 Cfr., in the same sense Inter-American Commission on Human Rights, Fifth Report on the Situation of Human Rights in Guatemala, April 6, 2001, Chapter V; and MINUGUA, Eleventh Report on Human Rights, September 2000, para 26. 96 Cfr. Article 46. Preeminence of International Law. It establishes the general principle that in matters of human rights, the treaties and conventions accepted and ratified by Guatemala have preeminence over the internal legislation. Political Constitutional of the Republic of Guatemala (dossier on statements given before a notary public and evidence to facilitate adjudication).