45 117. Finally, based on the “the terms of Article 18 of the Political Constitution […] 75 and 77 of the Federal Criminal Code, 26 and 30 […] of the Organic Law of the Federal Administration [and] the Internal Rules of the Secretary of Public Security,”158 on October 7, 2001, when Messrs. Cabrera and Montiel were still serving their sentence at the Social Welfare and Rehabilitation Detention Center, a surgeon from the Medical Service of the Center performed one (1) new examination on each of them and indicated that their health conditions were incompatible with the execution of their respective sentences.159 On November 8, 2001, in light of the results of said examination, the Federal Executive branch, through the General Directorate of Social Welfare and Rehabilitation, released Messrs. Cabrera160 and Montiel.161 118. In relation to the above mentioned, it is worth mentioning that expert witness Gutiérrez Hernández indicated, in her opinion rendered at the public hearing in the instant case, that: “when […] the person or persons [are] arrested, the Public Prosecutor’s Office […] issues a request to carry out a certification of physical integrity or injuries; in this regard, the doctor must certify the person and describe the injuries that he finds.” “Nevertheless, if an accusation of torture arises out of a statement made by these persons, or any other, the Public Prosecutor’s Office [...] then specifically requests to inquire into the injuries 158 Cf. Official Letter No. 210/3430/2001 and N° 210/3431/2001 of November 7, 2001 by which the sanctions imposed on Messrs. Cabrera and Montiel were modified (record of the merits, volume IV; folios 1738 and 1740). 159 Regarding Mr. Cabrera Garcia, it was concluded that: “due to the testicular pain, a medical evaluation by a urology specialist is necessary.”.” Furthermore, “in [the] direct medical evaluation, it was note[d] that a progressive general deterioration was occurring and physical activities were being neglected.”.” Regarding Mr. Montiel Flores: i) The deformity of the left clavicular region has caused intense pain which has spread to the shoulder joint on the same side and towards the chest area (heart area); ii) “[his condition corresponds to] a pattern of abdominal pain, that without efforts it is tolerable, but the act of straining himself or pushing too hard causes an intense increase in pain;” iii) “the dermatomal area with insensitivity in the right thigh alternates with periods of pain that spreads towards the lumbar region on the same side;” and iv) “the epididymo-orchitis (inflammation of the testicle and the epididymis) on the left side causes intense pain and makes it difficult for him to walk, thus the attention of a urology specialist is necessary.”.” Cf. Direct medical evaluation of Messrs. Cabrera and Montiel performed by a forensic physician on October 7, 2001 (records of the merits, volume IV, folios 1734 to 1737). 160 The diagnosis specified by the State for Teodoro Cabrera was the following: “[c]omplete loss of vision in the left eye secondary to cataract and corneal opacity caused by direct trauma suffered at the age of 10. Partial loss of vision in the right eye secondary to pterygium (fleshiness), located in the internal angle. Lower limb Grade II vascular insufficiency. Osteoarthritis (which is exacerbated by changes in temperature). Painful right testicle, withdrawn, and reduced in size relative to the left one. Onychomycosis in both feet (destruction of the nails by fungi). This is in addition to an obvious decline in his general condition, including his state of mind, since the vision loss prevents him from participating in various activities organized by the Institution. All of his pathologies are progressive in nature and require immediate medical treatment and hospitalization of the 2nd or 3rd degree; he should also be provided with comprehensive medical and surgical treatment in different specialties.” Therefore, in the case of Teodoro Cabrera it was declared that: “there exists an incompatibility between his age, health and physical constitution, and the compliance with the punishment that was imposed; his residence is designated as the place to continue to serve the sentence, since the inmate requires medical attention and his family’s assistance.”.” Cf. Official letter N° 210/3430/2001 of November 7, 2001, supra note 158, folios 1740 and 1741. 161 The diagnosis specified by the State for Rodolfo Montiel was the following: “Left ear hearing loss secondary to chronic bilateral otitis, deformity of the left subclavicular and supraclavicular regions grade II to III, contractile fibrosis sequelae secondary to bullet wound scar located in the abdomen, as well as a dermatomal area with insensitivity 5 centimeters in diameter, located on the external side of the proximal third of the right thigh, chronic and acute epididymo-orchitis, as well as visual loss. These are pathologies that, taken as a whole, limit in a significant way his capacity to comply with the sentence. In the case of Mr. Montiel Flores: “[…] it is determined that there exists an incompatibility between his health and physical constitution, and the compliance with the punishment that was imposed; his residence is designated as the place to continue serving the sentence, since the inmate requires medical attention and his family’s assistance.”.” Cf. Official letter N° 210/3431/2001 of November 7, 2001, supra note 158, folios 1738 and 1739.