The death penalty is exceptional in nature and may only be imposed in the cases expressly established by law and shall only be executed after all legal remedies have been exhausted. The death penalty may not be imposed: 1. For political crimes. 2. When the conviction is based on presumptions. 3. On women. 4. On men over seventy years of age. 5. On those whose extradition has been granted under this condition. In such cases, and provided the death penalty has been commuted to deprivation of liberty, the maximum term of imprisonment shall be applied.29 37. On May 25, 1978, Guatemala deposited the instrument ratifying the American Convention. At that time, Legislative Decree No. 17/73 (Criminal Code) was in force and its article 201 established the death penalty as a punishment for the crime of abduction or kidnapping when the person abducted died at the time of, or owing to, this unlawful act. The same crimes, which did not result in death, were punished with eight to fifteen years’ imprisonment: The abduction or kidnapping of a person in order to obtain a ransom, an exchange for third persons or other unlawful purpose of the same or similar nature, shall be punished by eight to fifteen years’ imprisonment. The death penalty shall be imposed on the perpetrator when the person concerned dies during or owing to the abduction or kidnapping.30 38. As relevant to this case, the said article 201 of the Guatemalan Criminal Code has been amended three times. The first amendment was introduced on April 26, 1994, by Legislative Decree No. 38/94, which prescribed the death penalty for cases in which the person kidnapped was under twelve or over sixty years of age, and when the person kidnapped died or suffered serious or very serious injuries or permanent mental or psychological trauma as a result of the abduction. If the perpetrator of the crime showed remorse, the law established the benefit of mitigation of the punishment: The abduction or kidnapping of a person in order to obtain a ransom, a payment, an exchange for third persons or for any other unlawful or lucrative purpose of the same or similar characteristics and import shall be punished with twenty-five to thirty years’ imprisonment. The death penalty shall be imposed on the perpetrator in the following cases: a) if the victims are under twelve or over sixty years of age; b) when, owing to or during the abduction or kidnapping, the person abducted suffers serious or very serious injuries, permanent mental or psychological trauma, or dies. The corresponding punishment may be mitigated if the perpetrator of this crime shows remorse at any stage or provides information that results in a satisfactory outcome to the abduction or kidnapping.31 39. The second amendment was introduced on March 16, 1995, by Legislative Decree No. 14/95, which punished anyone guilty of the crime of kidnapping with the death penalty. The amendment excluded all grounds for mitigation of the punishment: The death penalty shall be imposed on the perpetrators of the crime of abduction or kidnapping of one or more persons in order to obtain a ransom, an exchange of persons, or the taking of any 29 30 31 Legislative Decree No. 17/73 (Criminal Code) issued by the Congress of the Republic of Guatemala on July 5, 1973. Legislative Decree No. 17/73 (Criminal Code) issued by the Congress of the Republic of Guatemala on July 5, 1973. Legislative Decree No. 38/94 issued by the Congress of the Republic of Guatemala on April 26, 1994. 11