18 That the Constitution of the Republic establishes that it shall prevail over any other law or treaty and that, since there is no norm that gives grounds for the Executive Organ to commute the death penalty as established in Decree No. 159 of the National Legislative Assembly of the Republic, owing to the revocation of the previous Constitutions, it is necessary to expressly revoke this Decree in order to create legal certainty and avoid ambiguity in the interpretation of the law.25 43(18) As a result of this absence of legal regulation, the appeal for commutation of sentence filed by Mr. Raxcacó Reyes before the Ministry of Governance of Guatemala on May 19, 2004,26 has not been processed.27 The prison conditions of those sentenced to death in Guatemala and of Mr. Raxcacó Reyes in particular 43(19) On May 14, 1999, the day on which he was sentenced to death, Mr. Raxcacó Reyes was 24 years old.28 As of that time, he has been confined in a maximum security establishment known as the Zone 18 Men’s Preventive Detention Center, sector 11, waiting for his sentence to be executed.29 His cell is approximately four square meters. Mr. Raxcacó Reyes can only go out into a cement yard of the same size, located beside his cell, with a roof of bars and wire mesh, which provides him with the only entry of natural light and ventilation.30 The sanitary installations are in the same cell as the prisoners who share the enclosure, and they are extremely unhygienic and inadequate.31 25 Cf. copy of Legislative Decree No. 32/00 issued by the Congress of the Republic of Guatemala on May 11, 2000 (file of helpful evidence submitted by the State, appendix 5, folio 699). 26 Cf. copy of request for commutation of sentence filed by Mr. Raxcacó Reyes before the Ministry of Governance of Guatemala on May 19, 2004 (file of appendixes to the brief with requests, arguments and evidence, appendix 12, folio 630). 27 Cf. testimonial statement of Ovidio Girón made before notary public (affidavit) on May 17, 2005 (file on merits, reparations, and costs, Volume III, folios 461-476). 28 Cf. judgment delivered by the Sixth Court on Criminal Sentencing, Drug-Trafficking and Environmental Crimes of Guatemala on May 14, 1999 (file of appendixes to the application, appendix 5, folio 101), and testimonial statement of Mr. Raxcacó Reyes made before notary public (affidavit) on May 18, 2005 (file on merits, reparations, and costs, Volume III, folios 448-460). 29 Cf. expert evidence of Aída Castro-Conde given before notary public (affidavit) on May 18, 2005 (file on merits, reparations, and costs, Volume III, folios 478-498), and testimonial statement of Ovidio Girón made before notary public (affidavit) on May 17, 2005 (file on merits, reparations, and costs, Volume III, folios 461-476). 30 Cf. testimonial statement of Mr. Raxcacó Reyes made before notary public (affidavit) on May 18, 2005 (file on merits, reparations, and costs, Volume III, folios 448-460), and expert evidence of Aída Castro-Conde, given before notary public (affidavit) on May 18, 2005 (file on merits, reparations, and costs, Volume III, folios 478-498). 31 Cf. testimonial statement of Mr. Raxcacó Reyes made before notary public (affidavit) on May 18, 2005 (file on merits, reparations, and costs, Volume III, folios 448-460); expert evidence of Aída CastroConde, given before notary public (affidavit) on May 18, 2005 (file on merits, reparations, and costs, Volume III, folios 478-498); final report of the Advisory Commission of the National Penitentiary System, Guatemala, July 3, 2002 (file of appendixes to the requests and arguments brief, appendix 3, folios 553 to 555); report on the situation of the death penalty in Guatemala prepared by the Instituto de Estudios Comparados en Ciencias Penales of Guatemala (IECCPG) (file of appendixes to the requests and arguments brief, appendix 8, folios 588 to 616), and report on prison conditions in Guatemala prepared by the United Nations Verification Mission (file of appendixes to the requests and arguments brief, appendix 4, folios 567-585).