15 of Mr. Fermín Ramírez for the crimes of murder and aggravated rape11 against the minor Grindi Jasmín Franco Torres, of 12 years old, which allegedly occurred on May 10, 1997 in the farm Las Delicias, close to Las Morenas village, municipality of Puerto Iztapa, Department of Escuintla, Guatemala.12 54(3) On August 1, 1997 the Office of the Public Prosecutor presented a request for the commencement of the trial and presented the accusation against Mr. Fermín Ramírez for the crime of aggravated rape established in Article 175 of the Criminal Code,13 which states: (Aggravated rape). If, based on or as a consequence of the rape, the aggrieved party were to die, a sentence of 30 to 50 years will be imposed.14 54(4) The presentation of the indictment in Guatemala is based on Article 332 bis, subparagraph 4 of the Code of Criminal Procedures, which states that it must include: […] The legal classification of the illicit act, offering the foundations for the crime that each of the individuals has committed, their form of participation, the degree of execution, and the aggravating or extenuating circumstances. 54(5) The Office of the Public Prosecutor made the accusation in the following terms: That on May 10, 1997, at approximately eleven hours with thirty minutes, the defendant Fermín Ramírez, with only one surname, or Fermín Ramírez Ordóñez, stood in front of the store called La Esperanza located in the Las Morenas village of the Municipality Puerto Iztapa of the Escuintla Department, place where the girl Grindi Jasmin Franco Torres was, to whom said defendant asked to run an errand for him and that in exchange he would give her twenty Quetzales, going said minor to run the alleged errand the defendant had requested […]. Later [Mr. Ramírez] caught up with her […] and took her on the bicycle he was driving, riding from South to North on the dirt road that goes from the Las Morenas village to the Obrero village, of that same jurisdiction, and around the Las Delicias farm he took the minor off the bicycle and with great strength sexually abused her, using such violence that he killed her by strangulation, all this occurring along said dirt road, on the grass, next to a quenelle found in said location. After committing the act […], he took off the pants he was wearing, put on a pair of shorts and proceeded to pull the […] minor, whom he buried in the mentioned quenelle, putting mud over her as well as a log that was at the location, with the objective of hiding the victim’s body, he later bathed in said quenelle, and proceeded to leave the location, returning to Las Morenas village, his place of residence.15 11 Cfr. Ruling of May 15, 1997 issued by the Second Lower Court of Criminal Matters, Drug Trafficking, and Environmental Crimes of Escuintla (dossier of appendixes to the petition, appendix 3, folio 43). 12 Cfr. Ruling of May 15, 1997 issued by the Second Lower Court of Criminal Matters, Drug Trafficking, and Environmental Crimes of Escuintla (dossier of appendixes to the petition, appendix 3, folio 44); Indictment presented on August 1, 1997 by the Office of the Public Prosecutor before the Second Lower Court of Criminal Matters, Drug Trafficking, and Environmental Crimes of Escuintla (dossier of appendixes to the petition, appendix 4, folios 46 and 47). 13 Cfr. Indictment presented on August 1, 1997 by the Office of the Public Prosecutor before the Second Lower Court of Criminal Matters, Drug Trafficking, and Environmental Crimes of Escuintla (dossier of appendixes to the petition, appendix 4, folios 45 and 50). 14 Cfr. Criminal Code of Guatemala (Decree Number 17-73) (dossier on statements offered before notary public and evidence to facilitate adjudication of the case). 15 Cfr. Indictment presented on August 1, 1997 by the Office of the Public Prosecutor before the Second Lower Court of Criminal Matters, Drug Trafficking, and Environmental Crimes of Escuintla (dossier of appendixes to the petition, appendix 4, folios 46 and 47).