15 D) Regarding the request for extension of provisional measures (supra Having Seen clause 22) and the duty to adopt the legislative and administrative measures necessary to adopt a procedure that ensures that any person condemned to death has the right to apply for and, if applicable, obtain pardon or commutation of sentence (operative paragraphs ten of the Judgment delivered in the case of Fermín Ramírez and seven of the Judgment delivered in the case of Raxcacó Reyes) 51. That the representatives alleged in the brief of February 28, 2008 and in the private hearing, that: a) On February 12, 2008, the Congress of the Republic passed the “Regulatory Act for the Commutation of the Punishment for the People Convicted with Death Penalty”, by means of Decree Nº 6-2008 which “vests on the President the power to hear and decide on the measure of grace”; b) Said act would present certain flaws, among which: “the administrative body, responsible for providing the pardon, is not contemplated[;] does not estipulate the legal basis for the pardon[;] does not estipulate the right to a hearing […] does not contemplate a probatory period [, and] it creates the institution of tacit denial, by which, in case the President does not issue a ruling within a term of 30 days, the remedy is considered denied [...], and within the following twenty-four (24) hours the tried and convicted person is immediately executed”; c) The way the measure of grace is regulated constitutes it in "a prior bureaucratic formality that is not meant to comply with the role of protecting the right to life"; d) The so-called Decree was vetoed by the President of the Republic by means of Governmental Agreement Nº 104-2008 on March 14, 2008; e) Even though the decree is being reconsidered by the Governmental Commission of the Congress “it is not clear what would be the decision the Congress of the Republic with regard to such decree or similar alternatives, since the procedures regulated by the Basic Law of the Legislative body are not clear and there exist the will, repeated openly by many deputies of the ruling party and of the opposition, to pass a law that accelerate the executions of those sentenced to death"; f) “the decree in question was approved by 140 out of 143 deputies that were present at the Congress"; g) “there exist an important possibility that an Act containing the same characteristics and purposes of the vetoed decree be approved" and h) The situation of risk of those people sentenced to death “is not only the result of the passing of the Decree Nº 6-2008, but [of] a number of facts […] namely: The lack of legislative amendment of the criminal types that the Court considered to be incompatible with the American Convention, the refusal of the State to decide the legal situation of those people sentenced to death by such rules [...] and the current political context regarding the debate of the death penalty and the statements made by deputies, even after the presidential veto, of their will to continue with the executions. It is the noncompliance by the State with the Judgments in the cases of Fermín Ramírez

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