-2- 5. The brief submitted by the State on October 25, 2006, stating, inter alia, that: a) by means of a decision rendered on February 15, 2005, the Corte Suprema (Guatemalan Supreme Court) “ordered the temporary stay of execution of […] Bernardino Rodríguez-Lara and Pablo Arturo Ruiz-Almengor’s death sentences;” b) Mr. Ruiz-Almengor “was transferred to the Zone 18 Detention Center for Men from the Escuintla maximum security prison, in the custody of the Juzgado Primero de Ejecución Penal (First Court of Criminal Sentence Execution) for the crimes of escape, kidnapping or abduction[; he i]s being held in a cell of approximately two by three meters; his health status is stable and is not taking any special medication; the cell contains a mattress and blankets[;] he receives balanced meals three times a day, does handicraft work, displays good behavior toward inmates and prison staff, receives visits on Thursdays, [and] his cell has natural ventilation and natural and artificial light,” and c) Mr. Rodríguez-Lara “is being held in Sector B-3 of the Escuintla Maximum Security Center. His health status is stable and is not taking special medication; his cell contains a concrete bed with a mattress and blankets; he receives three balanced meals a day, does handicraft work and makes shampoo, cream, talcum powder and lotions; in addition, he practices the Catholic religion and receives visits on Sundays; his cell has ventilation and natural and artificial light.” 6. The brief submitted by the representatives of the beneficiaries of the provisional measures (hereinafter “the representatives”) on November 24, 2006, notifying that they filed appeals for review in the criminal proceedings against Mr. Rodríguez-Lara and Mr. Ruiz-Almengor; however, the Corte Suprema de Justicia (Guatemalan Supreme Court of Justice) “[has] not ruled on [these] appeal[s…] and [maintain[s] the death sentence imposed on both beneficiaries.” According to the representatives, maintaining the death sentence “constitutes [per se] a cruel, inhuman or degrading treatment, […] prolongs the psychological stress of the convicts, thereby violating Article 5 of the American Convention.” In addition, the representatives stated that in Guatemala “there is still no […] legislation in force governing applications for executive clemency or pardon,” which means that Messrs. Rodríguez-Lara and Ruiz-Almengor may not avail themselves of such remedy. As regards the prison conditions under which the beneficiaries are being held, their representatives indicated that “the current prison regime to which they are subject is extremely severe, imposing serious restrictions on their fundamental rights.” In particular: a) Mr. Ruiz-Almengor “is held in a one by three meter cell,” which does not have a bed or sanitary facilities and he only has access to the sanitary facilities located outside his cell during daytime; “he has not had access to work or education either.” The space provided for recreation and leisure is “non-existent;” he is not allowed to go out in the sun “at any time [, and is under] a 24-hour continuous confinement regime;”