55 President of the Republic to commute the death penalty and grant pardon in the cases established, up to the year nineteen eighty five in which the current Political Constitution, which does not contemplate it, was enacted. […] That the Political Constitution of the Republic enacted by the National Constituent Assembly on May thirty-first nineteen eighty five, in force as of January fourteenth nineteen eighty six, expressly revoked all the Constitutions of the Republic of Guatemala and any law that had similar prior effects and, established the independence of powers by declaring that the sovereignty lies in the people, which delegates it for its exercise in the Legislative, Executive, and Judicial Organisms, within which subordination is prohibited, and also, that the power to judge and execute what is tried corresponds exclusively to the Judicial Body and that no other authority may intervene in the administration of justice. […] That the Political Constitution of the Republic establishes that it will prevail over any law or treaty, and that since there isn’t a provision that gives the Executive Body grounds to commute the death penalty as established in Decree Number 159 of the National Legislative Assembly of the Republic, given the fact that the previous Constitutions were revoked, it becomes necessary to expressly annul the same with the purpose of creating legal certainty and avoiding ambiguity in the interpretation of the law. 106. On June 2, 2000 Governmental Agreement Number 235-2000 of the President of the Republic of Guatemala was published, in it the latter ruled on said appeal (supra para. 54(30)), and in it considered, inter alia, that […] the Executive Body must act in respect of the constitutional mandate of nonsubordination between the other two Bodies of the State; in what refers to the administration of justice it is a function and power that falls exclusively upon the courts of justice, who have the sole responsibility of promoting the execution of that judged, and its exercise must be respected by the Executive abiding the judicial rulings especially if the constitutional guarantees of the due process have been observed and the right to a defense has been complied with. […] That the President of the Republic is the Head of State of Guatemala and he exercises the functions of the Executive Body through mandate of the people and among its functions he must comply with and ensure compliance of the Constitution and the Laws, in the present case and having complied with that determined by the Constitution and the substantive and procedural laws in force to this effect, the sovereign attitude of the President of the Republic is of respect and coordination for the compliance of the rulings issued pursuant to the law by the courts of justice. THEREFORE In exercise of the powers granted to it in Article 183 subparagraph (e) of the Political Constitution of the Republic and based on Articles 141 and 203 of the mentioned Constitution; 4° subparagraph 6 of the American Convention on Human Rights and 6° subparagraph 4 of the International Pact of Civil and Political Rights. IT AGREES: […] TO DENY the measure of grace presented by FERMIN RAMIREZ […] 107. The Court considers that with the annulment of Decree Number 159, through Decree Number 32-2000, an organization with the power to know of and decide upon the measure of grace established in Article 4(6) of the Convention was expressly disregarded. The Court also verified that from Governmental Agreement Number 235-2000, issued on a later date, it can conclude that no State body has the power to know of and decide upon the measure of grace. 108. Regarding the annulment of Decree Number 159, the Committee of Human Rights of the Organization of United Nations stated