fellow inmates told me that they had brought my mother upstairs because there was no one to attend to her.”148 C. Incidental motions for early release filed by Mrs. Chinchilla 107. During the time she was deprived of her liberty, between November 2002 and March 2004, Mrs. Chinchilla Sandoval, through her assigned public defender, filed four incidental motions for “early release”: the first and last for “extraordinary remission of sentences” and the second and third “for terminal illness,” as described below. These incidental motions were filed under Articles 492 of the Code of Criminal Procedure,149 139 of the Judiciary Law150 and 30 of Decree 56-69 “Remission of Sentences Law.”151 The judge also found that Article 7 (c) of the aforementioned decree was applicable for ruling on the last incidental motion.152 C.1 First incidental motion for “early release under extraordinary remission of sentences.” 108. On November 26, 2002, Mrs. Chinchilla filed an incidental motion for early release before the Second Criminal Enforcement Court. 153 The attached certification from the HSJD states that “[…] the patient suffers from a terminal occlusive arteriosclerotic disease of which there is currently clinical evidence in the lower left limb, which will very likely (80% probability) end up being amputated.”154 On November 27, 2002, the judge began to process the incidental motion.155 148 Cf. Statement by Mrs. Marta María Gantenbein Chinchilla during the public hearing before the Court. 149 “While serving his sentence, the convicted person shall be entitled to exercise all the rights and powers granted by the criminal and correctional laws, and their implementing regulations, and may present to the enforcement judge such observations as he deems appropriate.” Available at: http://www.oas.org/juridico/MLA/sp/gtm/sp_gtm-int-text-cpp.pdf. “If the motion concerns matters of law, once the time limit for the hearing has passed, the judge shall order the hearing of such evidence offered by the parties upon presenting the motion or upon holding the hearing, which shall be examined in no more than two hearings held within the following ten working days”. Available at: https://www.oas.org/juridico/mla/sp/gtm/sp_gtm-int-text-oj.doc. 150 “All convicted inmates may benefit from this law, provided that they meet the requirements stipulated therein, and in order to begin redeeming the sentence it is necessary for the Central Prisons Board or the Regional Prisons Board to grant prior approval following classification in accordance with the law.” Available at: http://www.foroderechoguatemala.org/wp-content/uploads/2011/07/penal011.pdf. 151 In addition to the powers vested in him by the Constitution, other laws, and regulations, the President of the Judiciary shall have the authority to: […] c) Agree upon and establish special remissions for acts of altruism, heroism, or any other humanitarian act, at the recommendation of the Central Prisons Board, setting out the reasons justifying such remissions […]. Article 7 of Decree No. 56-69 “Remission of Sentences Law”, October 18, 1969. Available at: http://www.foroderechoguatemala.org/wp-content/uploads/2011/07/penal011.pdf. 152 Cf. Incidental Motions for Early Release. Judiciary. Second Criminal Enforcement Court. Enforcement No. 429-96 Of. 7. Remission of Sentences File. Public Criminal Defense Institute. Request for Special Early Release under Remission of Sentences, November 26, 2002 (evidence file, folios 1013-1015). 153 Cf. Incidental Motions for Early Release. Judiciary Second Criminal Enforcement Court. Enforcement No. 42996 Of. 7. Remission of Sentences File. San Juan de Dios General Hospital. Medical Records Department. Certification 2070-02 of November 18, 2002 (evidence file, folio 1016). 154 Cf. Incidental Motions for Early Release. Judiciary. Second Criminal Enforcement Court. Enforcement No. 429-96 Of. 7. Remission of Sentences File. Decision of the Judge Second of Enforcement Pena of 27 November 2002 (evidence file, folio 1017). 155 34