24
77.
On February 14, 2003, the Judge denied the motion on the enforcement of the sentence,
stating that “although the inmate named suffers from diabetes mellitus, at this time the illness cannot be
considered terminal ... and she may receive ambulatory treatment at the COF.”228
78.
On February 27, 2003, Ms. Chinchilla filed an “appeal and statement of grievances” with the
same court. She said that “the prison has inadequate infrastructure to allow [her] to communicate freely with
[her] relatives and others; that the Center does not have the infrastructure to keep [her] medication, which
needs refrigeration, such as insulin, which is indispensable for [her] to stay alive, and without refrigeration it
goes bad.” She also said that she did not “have access to other medicine.” She also said that she “[did] not
know if the cancer detected [in her vagina was] benign or malignant.”229
79.
On March 3, 2003, the Judge of the Second Criminal Enforcement Court concluded that the
challenge was out of order because it was not filed within the three-day period prescribed by the law and, “in
any case, the appellant should not have appealed to a court other than the one with jurisdiction under the
law.”230
3.2
Second Incidental Motion: “early release due to terminal illness”
80.
On May 5, 2003, Ms. Chinchilla filed a petition for early release “due to terminal illness.”231
The motion stated that, among other diseases, she suffered from “occlusive arteriosclerosis of the lower
limbs, a terminal illness that obstructs blood circulation,” that in a short period of time could cause “a brain
embolism.”232 Attached to the petition were medical certifications from the Chief of the Medical Records
Department,233 COF conduct report,234 and a communication from the COF Multidisciplinary Team stating
that “this center lacks the specialized staff and infrastructure to provide her with better health care” and “she
should be granted early release.”235
228
Appendix 2. Incidental Motions for Early Release. Republic of Guatemala Judiciary Second Criminal Enforcement
Court Final Decision No. 429-96 Of. 7. Sentence Remission Case. Decision of the Second Criminal Enforcement Court of February
14, 2003. Pages 51-52. Appendix 3 to the initial petition.
229
Appendix 2. Incidental Motions for Early Release. Republic of Guatemala Judiciary Second Criminal Enforcement
Court Final Decision No. 429-96 Of. 7. Sentence Remission Case. Appeal brief and statement of grievances submitted by Ms.
Maria Ines Chinchilla Sandoval through her attorney. February 27, 2003. Pages 57-59. Appendix 3 to the inititial petition.
230
Appendix 2. Incidental Motions for Early Release. Republic of Guatemala Judiciary Second Criminal Enforcement
Court Final Decision No. 429-96 Of. 7. Sentence Remission Case. Decision of the Second Criminal Enforcement Court of March 3,
2003. Page 61.
231
Appendix 2. Incidental Motions for Early Release. Republic of Guatemala Judiciary Second Criminal Enforcement
Court Final Decision No. 429-96 Of. 7. Sentence Remission Case No. 86-2003. Special incidental motion for release due to
terminal illness. May 5, 2003 Pages 2-3. Appendix 3 to the initial petition.
232
Appendix 2. Incidental Motions for Early Release. Republic of Guatemala Judiciary Second Criminal Enforcement
Court Final Decision No. 429-96 Of. 7. Sentence Remission Case No. 86-2003. Special incidental motion for release due to
terminal illness. May 5, 2003 Pages 2-3. Appendix 3 to the initial petition.
233
Appendix 2. Incidental Motions for Early Release. Republic of Guatemala Judiciary Second Criminal Enforcement
Court Final Decision No. 429-96 Of. 7. Sentence Remission Case No. 86-2003. San Juan de Dios General Hospital. Medical
Certifications 1268-72, 878-01, 2076-02, and 1802-02 of November 6, 2002, May 25, 2001, November 18, 2002, October 7,
2002, respectively. Pages 4-8. Appendix 3 to the initial petition.
234
Appendix 2. Incidental Motions for Early Release. Republic of Guatemala Judiciary Second Criminal Enforcement
Court Final Decision No. 429-96 Of. 7. Sentence Remission Case No. 86-2003. Female Orientation Center. Conduct report. April
14, 2002. Page 9. Appendix 3 to the initial petition.
235
Appendix 2. Incidental Motions for Early Release. Republic of Guatemala Judiciary Second Criminal Enforcement
Court Final Decision No. 429-96 Of. 7. Sentence Remission Case No. 86-2003. Written communication from the COF
Multidisciplinary Team. May 26, 2003. Page 16. Appendix 3 to the initial petition.