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.

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