the body of evidence provided and the allegations by the parties. They will be set out in the following order: (A) Legislation in Guatemala; (B) Situation of Tirso Román Valenzuela Ávila and the criminal proceedings that culminated in the death sentence; (C) Alleged acts of violence, Mr. Valenzuela’s escapes and judicial proceedings carried out, and (D) Death of Mr. Valenzuela and its investigation. A. Legislation in Guatemala A.1.Legislation in force in Guatemala at the time of the events regarding the death penalty 65. Article 18 of the Guatemalan Constitution provides for the possibility of application of the death penalty within Guatemala30. Article 43 of the Criminal Code establishes that the death penalty "is an extraordinary measure and may only be applied in cases expressly stated in law and will not be carried out until all legal remedies have been exhausted."31 66. Article 132 of the Criminal Code in force in 1995 defined murder in the following terms: Murder will be committed by whoever kills a person: 1) With premeditation; 2) For a price, reward, promise, with a profit motive; 3) Through or on the occasion of a flood, fire, poison, explosion, collapsing of a building or any other affectation that may cause great damage; 4) With known premeditation; 5) With cruelty; 6) With the impulse of brutal perversity; 7) To prepare, facilitate, commit and hide another crime or to guarantee its results or immunity for themselves or their co-participants or for not having obtained the result proposed when attempting the other punishable act; 8) With terrorist purposes or in the development of terrorist activities. A prison sentence of 25 to 50 years will be imposed on the offender convicted of murder, however, the death penalty will be imposed instead of the maximum prison time, if due to the circumstance of the acts and of the occasion, the way it was carried out and the determining motives, a greater dangerousness of the agent is revealed.32 Political Constitution of the Republic of Guatemala decreed by the Constituent Assembly, of May 31, 1985, Reformed by the Popular Consultation Legislative Agreement 18-93. “Article 18. Death penalty. The death penalty may not be imposed in the following cases: a. Based on presumptions; b. To women; c. To those over sixty years of age; d. To those convicted of political and common crimes related to politicians; and e. To prisoners whose extradition has been granted under that condition. Against the sentence that imposes the death penalty, all pertinent legal resources will be admissible, including cassation; this will always be admitted for processing. The penalty will be executed after all resources are exhausted. The Congress of the Republic may abolish the death penalty.” 31 Political Constitution of the Republic of Guatemala decreed by the Constituent Assembly, of May 31, 1985, Reformed by the Popular Consultation Legislative Agreement 18-93. “Article 18. Death penalty. The death penalty may not be imposed in the following cases: a. Based on presumptions; b. To women; c. To those over sixty years of age; d. To those convicted of political and common crimes related to politicians; and e. To prisoners whose extradition has been granted under that condition. Against the sentence that imposes the death penalty, all pertinent legal resources will be admissible, including cassation; this will always be admitted for processing. The penalty will be executed after all resources are exhausted. The Congress of the Republic may abolish the death penalty.” 32 Criminal Code, Decree No. 17-73, Article 132, supra. 30 18