-5- c) As regards the actions aimed at adapting Article 132 of the Criminal Code to the Convention, Guatemala failed to present a bill to the National Congress in order to amend said provision. In deed, congressmen's public statements supported the urgent execution of the persons sentenced to death for the crime of murder. Furthermore, on October 19, 2005, the Committee of Legislation and Constitutional Affairs submitted an unfavorable report on a Bill filed by representative Maria Reinhardt to abolish the death penalty and, in particular, to amend said article; d) As regards the obligation to refrain from executing Fermín Ramírez, Guatemala complied with its commitment, for the death penalty was superseded by a sentence of imprisonment; e) As regards Operative Paragraph ten, the representatives consider that “the State did not adopt any legislative or administrative measure, for no proceedings have been instituted in order to [...] raise or resolve a motion for pardon." There is only a bill at the National Congress whose “technical deficiencies in contradiction to constitutional principles and guarantees” render it unconstitutional. As regards the sentence commutation, only six cases involving the crime of kidnapping without the victim’s death were commuted, but not as a result of a motion for pardon, but through an appeal for review based on the judgments delivered in the cases of Fermín Ramírez and Raxcacó; f) As regards Operative Paragraph eleven, Fermín Ramírez was medically and psychiatrically evaluated in order to determine his clinical condition and it was inferred that he had not been provided with regular dental, medical and psychological assistance. Currently, his dental hygiene is spoiled; he has stomach and gastric problems, headaches, ocular irritation and depression symptoms. He was not provided with any type of individual psychological assistance, nor was he enrolled in any special assistance program; he is suffering the consequences of the non-stop lock-in regime that kept him away from educational, labor or recreational programs. g) A regards prison conditions, the imprisonment program to which Ramírez was subject remained unchanged, "thus, maximum security restrictions still apply." The bodily and mental deterioration resulting from said conditions may be regarded as cruel, inhuman and degrading treatment. The extreme situation of the center where he is held in custody “increases the possibility of aggressive and violent outbreaks.” Said center “offers extremely limited self-managing educational programs to the inmates, lacks [room] for sports or […] fitness activities and inmates are not allowed to access outdoor facilities [or] lay in the sun.” Currently, more than three jails are being built, but it is still unknown whether they will conform to international legal standards, and h) As regards Operative Paragraph three, the State complied with its cost reimbursement obligation. 8. The brief of August 25, 2006, whereby the Inter-American Commission of Human Rights (hereinafter “the Commission” or the “Inter-American Commission”) submitted comments on the reports of the State and asserted:

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