8 25. In this case, as in others,10 the Court admits the probative value of those documents presented by the parties and by the Commission at the proper procedural moment (supra paras. 1, 7 and 8), that were not contested or challenged and whose authenticity was not questioned, as well as the helpful evidence presented by the State and the representatives.11 B. Admissibility of testimonial and expert evidence 26. The Court finds it pertinent to admit the statements and the expert opinions provided by affidavit,12 insofar as they are in keeping with the purpose defined by the President in the order requiring them and the purpose of this case. VII FACTS 27. In this chapter, the Court will establish the facts of this case based on the factual framework submitted to the Court by the Commission, taking into consideration that no factual dispute exists between the arguments presented by the Commission, the representatives and the State. The facts will be described as follows: (A) Guatemalan legislation, and (b) Criminal proceedings and execution of Roberto Girón and Pedro Castillo. A. Guatemalan legislation A.1. Laws in force in Guatemala at the time of the facts 28. Article 18 of the Guatemalan Constitution recognizes the possibility of imposing the death penalty.13 Article 43 of the Criminal Code of the Republic of Guatemala (Decree No. 1773) (hereinafter “the Criminal Code”) establishes that the death penalty “is of an exceptional nature and may only be imposed in cases expressly established by law and shall not be executed until all legal remedies have been exhausted.”14 Cf. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para. 140, and Case of Gorigoitía v. Argentina, supra, para. 27. 11 On March 19, 2019, the State and the representatives were asked to present various documents as helpful evidence. On March 26, 2019, the representatives submitted part of the documentation requested and made several clarifications. On April 9, 2019, following an extension of the time frame, the State submitted several documents. 12 On March 6, 2019, the affidavits prepared by Dora Alicia Castillo Mendoza de Luna, Berta Lidia Mendoza, Edy Iván Bocanegra Conde, Alejandro Rodríguez Barillas, and Enrique Oscar Stola were received. On March 7, 2019, the expert opinion of Luis Arroyo Zapatero provided by affidavit was received, and on March 11, 2019, the affidavit prepared by María Fernanda López Puleilo was received. On March 18, 2019, Parvais Jabbar and Edward Fitzgerald submitted an affidavit with their joint expert opinion. 13 Constitution of the Republic of Guatemala decreed by the Constituent Assembly, May 31, 1985, amended by referendum, Legislative Decision 18-93. Article 18. Death penalty. The death penalty may not be imposed in the following cases. a. Based on presumptions; b. On women c. On those over sixty years of age; d. On those convicted of political crimes and common crimes related to political crimes, and e. On those convicted and whose extradition has been granted under this condition. All pertinent legal remedies, including cassation, shall be admissible against a sentence imposing the death penalty; the remedy of cassation will always be admitted for its processing. The sentence shall be executed after all remedies have been exhausted. The Congress of the Republic may abolish the death penalty. 14 Criminal Code, Decree No. 17-73 of the Congress of the Republic of Guatemala, promulgated on July 27, 1973. Article 43. The death penalty. The death penalty is exceptional in nature and may only be imposed in the cases expressly established by law and shall only be executed after all legal remedies haves been exhausted. The death penalty may not be imposed: 10