61 b) Mr. Fermín Ramírez must be granted a fair compensation destined to making up, in an adequate and effective manner, for the pecuniary damages caused by the violations committed; In regard to the non-pecuniary damage c) the compensation must be granted in the extension and measure sufficient to reimburse the non-pecuniary damages caused; d) Mr. Fermín Ramírez is awaiting his execution since May 6, 1998, date on which the conviction was issued, and lacks guarantees regarding his rights; e) a judgment that takes into considerations the claims of the victim is one form of satisfaction. In this case, the suffering and anguish experimented by Mr. Fermín Ramírez for more than six years, under the phenomena of death row must be taken into consideration; and f) the constant threat in which Mr. Fermín Ramírez finds himself that he may at any time be executed as a consequence of a conviction contrary to the American Convention is enough for the Court to issue a compensation in his favour, in equity, for the moral damage the State has caused him. With regard to other forms of reparation g) in this case the restitutio in integrum of the Mr. Fermín Ramírez’s rights that were violated is appropriate, since the death penalty has not been executed; h) the Court must order the State to: i. guarantee to the injured party the enjoyment of its rights or liberties violated and leave without effect the conviction imposed; ii. conduct a new trial against Mr. Fermín Ramírez pursuant to the rules of the due process of law; iii. commute the death penalty imposed upon Mr. Fermín Ramírez; and iv. adopt the measures necessary in order to guarantee the “nonrecidivism” of irregular procedures that may produce irreparable effects. In relation to the costs and expenses i) 126. both the Institute of Public Defense and the Institute of Compared Studies may prove before the Court the costs in which they incurred during the processing of the present case before the Inter-American System of Human Rights. Arguments of the representatives In relation to the beneficiaries

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