9 29. Article 175 of the Criminal Code in force in 1993 defined the crime of aggravated rape as follows: If owing to, or as a result of, rape the victim should die, twenty to thirty years’ imprisonment shall be imposed. The death penalty shall be imposed if the victim is less than ten years of age.15 30. Decree No. 20-96, which came into force in May 1996, amended this crime as follows: If owing to, or as a result of, rape the victim should die, 30 to 50 years’ imprisonment shall be imposed. The death penalty shall be imposed if the victim is less than 10 years of age.16 31. In Guatemala, the death penalty was imposed infrequently up until the 1990s. However, starting in 199617 the State again began to impose this, first by firing squad pursuant to Decree No. 234 of the Congress of the Republic,18 and then by lethal injection after Decree No. 234 had been derogated by Decree No. 100-96 of November 1996 establishing this new method of execution.19 32. Decree No. 159 of the National Legislative Assembly of April 19, 1892, established the appeal for clemency as the last recourse available to obtain a pardon or the commutation of the sentence under Guatemalan law, and regulated the procedure to put this in practice. On June 1, 2000, the Congress of the Republic of Guatemala replaced Decree No. 159 by Legislative Decree No. 32-2000.20 A.2. Rules for the appointment of defense counsel 33. Regarding the possibility of the accused being assisted by defense counsel, article 144 of the Code of Criminal Procedure established the following: The accused may be assisted by a lawyer from the moment he provides his preliminary statement. During this procedure, he must provide the name of a defense counsel and, if he does not do so, he will be advised that he must do this within the following five days […].21 34. On this issue, article 154 of the Code of Criminal Procedure establishes that: The judge may also appoint as defenders articled law clerks from the country’s universities and law firms and, to this end, the latter shall send lists to the president of the judicial body. Those lists will be updated each year.22 1. For political crimes. 2. When the conviction is based on presumptions. 3. On women. 4. On men over sixty years of age. 5. On those whose extradition has been granted under this condition. In such cases, and provided the death penalty has been commuted to deprivation of liberty, the maximum term of imprisonment shall be applied (file of evidence attached to the pleadings and motions brief, annex 10, fs. 1819 to 1937). 15 Criminal Code, Decree No. 17-73, article 175, supra. 16 Decree No. 20-96 of the Congress of the Republic of Guatemala of May 9, 1996, Available at: https://www.congreso.gob.gt/consulta-legislativa/Decree-detalle/?id=823. 17 Cf. Amnesty International, Guatemala, The return of the death penalty. March 1997, p. 3 (file of evidence attached to the pleadings and motions brief, annex 8, fs. 1627 to 1635). 18 Decree No. 234 of the Congress of the Republic of Guatemala of May 21, 1946. 19 Law establishing the procedure for execution of the death penalty. Decree No. 100-96 of the Congress of the Republic of Guatemala of November 28, 1996. Article 7 stipulates: “After the decisions referred to in the preceding article have been read, the death penalty shall be executed by the procedure of lethal injection […].” 20 Decree No. 32-2000 of the Congress of the Republic of Guatemala of June 1, 2000, Available at: https://www.congreso.gob.gt/consulta-legislativa/Decree-detalle/?id=620. 21 Code of Criminal Procedure of the Republic of Guatemala of June 27, 1973. article 144 (file of evidence attached to the pleadings and motions brief, annex 10, f. 2139). 22 Code of Criminal Procedure of the Republic of Guatemala, article 154, supra.