38 the Trial Court prevented Mr. Fermín Ramírez from exercising his right to be heard regarding the facts and circumstances established in the conviction, violating Article 8(1) of the mentioned instrument, and did not allow the technical defense to orient its activity in a reasonable manner, with the adequate time and means to prepare it, thus violating Article 8(2)(c) of the Convention; Regarding the violation of Article 25 of the American Convention o) the right to an effective remedy, in the terms of Article 25 of the Convention, must be exercised in accordance with the guarantees included in Article 8 of the same; p) by not acknowledging the correlation that must exist between the indictment and the conviction, Mr. Fermín Ramírez’s right to be heard and have the necessary time and means to exercise his defense was violated, therefore the State violated his right to an effective judicial protection; q) it is evident that none of the remedies tried was effective to ensure the defendant’s protection of the right to a due process established in the American Convention, even when the defense counsel argued and proved the absence of a prior and detailed communication to the defendant of the accusation that determined the application of the death penalty, as well as the adequate means to exercise his defense; r) the lack of substantiating evidence on the facts that made up the majority of the aggravating circumstances of the crime established by the Lower Court, that were not duly mentioned in the judgment, constituted an obstacle that objectively restricted the possibilities of the defense to contest relevant legal matters in the remedies of appeal and annulment; s) the systemic confirmation of the ruling of the lower court, despite the serious violations to the due process, is symptomatic of serious deficiencies in the Guatemalan administration of justice; and t) even though Mr. Fermín Ramírez made formal use of the different remedies included in the procedural legislation to appeal the death penalty issued against him, the Commission considered that these remedies were not efficient, which implies a violation of Article 25 of the Convention. 56. Arguments of the representatives: Regarding the violation of Article 8 of the American Convention a) the basis of the right to a defense lies in the possibility of free expression regarding each of the counts of the accusation, considering all the relevant circumstances in order to avoid or reduce the legal consequence (conviction or security and correction measure) or inhibit the criminal prosecution; b) a prior and detailed summons or knowledge of the accusation is required;