25 81. In a certification dated May 30, 2003, the judiciary medical examiner stated that Ms. Chinchilla “presents the symptoms of a terminal illness with problems in her lower limbs.”236 Certifications were enclosed from the HSJD237 and the Public Prosecution Service medical examiner. The latter stated that Ms. Chinchilla “could stay at the Center ... provided she takes her medication regularly” and receives care from the medical and paramedic staff. 238 82. The judge scheduled a hearing for July 9, 2003, 239 where he issued his decision on the incidental motion, declaring it without merit.240 It was mentioned that the attending physician did not appear at the hearing and the Public Prosecution Service medical examiner offered his excuses for being unable to attend. However, “it was not established if the petitioner's clinical condition is terminal or not” and “the failure of the [doctors] to appear is an obstacle to a favorable ruling.”241 3.3 Third incidental motion for special release due to terminal illness. 83. On August 6, 2003, Ms. Chinchilla filed an incidental motion for special release due to terminal illness.242 A certification was included from the judiciary medical examiner, according to which Ms. Chinchilla “presents the symptoms of a terminal illness with problems in her lower limbs.”243 An opinion from the COF Multidisciplinary Team was attached, according to which “this center lacks the specialized staff and infrastructure to provide her with better health care” and “[she should be] granted a special release.”244 A certification was enclosed from the Chief of Unit One, Women’s Surgery 245 and from the Public Prosecution 236 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 Judiciary Medical Examiner. May 30, 2003. Page 18. Appendix 3 to the initial petition. 237 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. Written communication from the Chief of Unit One. Women's Surgery. June 2, 2003. Pages 19-20. Appendix 3 to the initial petition. 238 Appendix 2. Incidental Motions for Early Release. Republic of Guatemala Judiciary Second Criminal Enforcement Court Final Decision No. 429-96 Of. 7. Written communication from the Public Prosecution Service Medical Examiner, June 6, 2003. Pages 24-25. Appendix 3 to the initial petition. 239 Appendix 2. Republic of Guatemala Judiciary Second Criminal Enforcement Court Final Decision No. 429-96 Of. 7. Sentence Remission Case No. 86-2003. Decision of the Second Criminal Enforcement Court of June 26, 2003. Page 36. 240 Appendix 2. Republic of Guatemala Judiciary Second Criminal Enforcement Court Final Decision No. 429-96 Of. 7. Sentence Remission Case No. 86-2003. Decision of the Second Criminal Enforcement Court of July 9, 2003. Pages 50-51. 241 Appendix 2. Republic of Guatemala Judiciary Second Criminal Enforcement Court Final Decision No. 429-96 Of. 7. Sentence Remission Case No. 86-2003. Decision of the Second Criminal Enforcement Court of July 9, 2003. Pages 50-51. 242 Appendix 2. Republic of Guatemala Judiciary Second Criminal Enforcement Court Final Decision No. 429-96 Of. 7. Sentence Remission Case No. 169-03. Brief presenting incidental motion for special release due to terminal illness. Page 1 et seq. Appendix 3 to the initial petition. 243 Appendix 2. Republic of Guatemala Judiciary Second Criminal Enforcement Court Final Decision No. 429-96 Of. 7. Sentence Remission Case No. 169-03. Judiciary Forensic Medicine Service. Communication from the medical examiner, May 30, 2003. Double page 2 and 18. Appendix to the initial petition. 244 Appendix 2. Republic of Guatemala Judiciary Second Criminal Enforcement Court Final Decision No. 429-96 Of. 7. Sentence Remission Case No. 169-03. Written communication from the Multidisciplinary Team of the Female Orientation Center, May 26, 2003. Page 16. Appendix 3 to the initial petition. 245 Appendix 2. Republic of Guatemala Judiciary Second Criminal Enforcement Court Final Decision No. 429-96 Of. 7. Sentence Remission Case No. 169-03. San Juan de Dios General Hospital. Written communication from the Chief of Unit One, Women’s Surgery, June 2, 2003. Marked as Page 4. Appendix 3 to the initial petition.