25 […] the sentence imposed [on Mr. Fermín Ramírez] was based on presumptions because nobody saw him kill [the minor.] […] the value assigned to [the] evidence used to impose the death penalty [on Mr. Fermín Ramírez] lacks validity since there is only indirect evidence and therefore Article 18 of the Constitution is violated […] […] due to presumption the classification of the crime [was] chang[ed] and on presumption [Mr. Fermín Ramírez] was convicted to death.42 54(27) On July 12, 1999 the Criminal Chamber of the Supreme Court of Justice declared the appeal for review inadmissible due to lack of foundation. In this sense, it stated that: […] the appellant at no time […] proved that the incriminating evidence consisting of statements […] which served as foundation for his conviction, lack the evidentiary value attributed by the competent jurisdictional body on that occasion; likewise, the interested party did not prove that said evidence was false, invalid, altered, or falsified since he did not present any element to verify these points[, reason for which] the revision requested lacks foundation and must be declared inadmissible.43 54(28) On July 27, 1999 the defense counsel presented a measure of grace before the Secretary of the Interior so that they would send the dossier to the President of the Republic, based on Article 1 of Decree Number 159 of the Legislative Assembly of the Republic of Guatemala, reformed by Article 2(1) of Decree Number 45 of the Government’s Revolutionary Junta; Article 12 of Decree Number 159 of the Legislative Assembly of the Republic of Guatemala, reformed by Article 3 of Decree Number 45 of the Government’s Revolutionary Junta, and Article 2 of Decree Number 100-96 of the Congress of the Republic, Regulatory Law on the Death Penalty. In said appeal the defense counsel requested, inter alia, that the death penalty [imposed on Mr. Fermín Ramírez] be commuted to the immediately inferior one of fifty years in prison.”44 54(29) On June 1, 2000 Decree Number 32-3000, issued on May 11, 2000, was published in the Diario de Centro América, through which the Congress of the Republic expressly annulled Decree Number 159 of the National Assembly, since “there was no norm supporting the commutation of the death penalty by the Executive Body as established by [said] Decree[, …] due to the annulment of previous Constitutions.” It also stated that Decree Number 32-2000 would come into force on the day of its publication in the Official Newspaper.45 54(30) On June 2, 2000 Governmental Agreement Number 235-3000, issued on May 31, 2000, was published in the Diario de Centro América, through which the President of the Republic, in exercise of the powers granted to him in Article 183 42 Cfr. Appeal for review presented on May 14, 1999 before the Criminal Chamber of the Supreme Court of Justice (dossier of statements offered before a notary public and evidence to facilitate adjudication of the case, volume I, folios 881 and 886-889). 43 Cfr. Judgment of July 12, 1999 issued by the Supreme Court of Justice (dossier of appendixes to the petition, appendix 12, folios 128-130). 44 Cfr. Measure of grace presented on July 27, 1999 before the Ministry of Government (dossier of appendixes to the brief of pleadings and motions, appendix 19, folios 619-627). 45 Cfr. Decree Number 32-2000 issued on May 11, 2000 by the Congress of the Republic of Guatemala and published on June 1, 2000 in the Diario de Centro América (dossier of appendixes to the brief of pleadings and motions, appendix 24, folio 670).