with better health care” and that “[she should be] granted early release;” 184 and certificates issued by the Chief of the First Women’s Surgery Unit 185 and the doctor of the Public Prosecution Service.186 The judge scheduled an evidence hearing on August 27, 2003, 187 which did not take place “because of the excuses submitted by fax by the Public Prosecution Service’s medical examiner.”188 The hearing was held on August 29.189 121. The first to be questioned was the Judiciary’s medical examiner, who said that he “[had] noted a marked deterioration in [Mrs. Chinchilla’s] health, since she [suffers from] “DIABETES MELLITUS, and […] all the complications associated with this disease, [which are] arterial hypertension, […] occlusive arteriosclerotic disease of the lower left limb, […] diabetic retinopathy, in addition to which she had already had her lower right limb amputated […] and, she has cancer of the cervix that is not connected with the diabetes.” The doctor indicated that “[her] treatment is with insulin taken via intramuscular injection […]” and he “[did] not know if it was administered to her in the clinic.” As to whether she had a terminal illness, he said “No, but given the complications associated with her […] illness […] her life is in danger […] the most serious one is a diabetic coma.” He added that “if she [did] not have her [medicine] the complications would become more accentuated.” 122. The attending physician at the HSJD stated that “at this moment, just by looking at her [Mrs. Chinchilla is not at risk of dying].” He said that he “[was] not familiar with the conditions in which she lived to be able to answer […] correctly [if she could receive ambulatory treatment].” He said he “[did] not know if she injected herself with insulin or if someone else did.” The doctor answered “yes” when asked if there was a possibility of sudden death, and replied “probably” when asked whether or not an interval of 15 days between her medical visits could result in her death if she did not receive care. As to the “cervical cancer” he said that “[he did] not know.” Finally, he said that internal occlusive arteriosclerosis is a terminal illness. 123. The medical examiner of the Public Prosecution Service replied “no” when asked if Mrs. Chinchilla had a terminal illness. He said that he “[was] unable to say [if she received treatment], because to do so [he] would need information on what resources the institution Cf. Incidental Motions for Early Release. Judiciary. Second Criminal Enforcement Court. Enforcement No. 429-96 Of. 7. Remission of Sentences File No. 169-03. Brief of the Multidisciplinary Team of the Women’s Orientation Center of May 26, 2003 (evidence file, folio 872). 184 Cf. Incidental Motions for Early Release. Judiciary. Second Criminal Enforcement Court. Enforcement No. 429-96 Of. 7. Remission of Sentences File No. 169-03. Hospital San Juan de Dios. Brief of the Chief of the First Women’s Surgery Unit of June 2, 2003 (evidence file, folios 873-874). 185 The latter certification indicated that the patient “has systemic diseases that have no cure but can be controlled with regularly administered medications;” these systemic diseases “will cause a gradual deterioration in the patient’s health and therefore, unless that patient suffers an accidental death, he or she will die of a complication from one of these diseases.” It is impossible to predict when that will happen since “she is controlled.” It also stated that “the patient could remain in prison provided she takes her medication regularly and receives conscientious care from the medical and paramedic staff assigned to this institution.” Cf. Incidental Motions for Early Release. Republic of Guatemala Judiciary. Second Criminal Enforcement Court. Enforcement No. 429-96 Of. 7. Communication of the Public Prosecution Service Medical Examiner, June 6, 2003. (evidence file, folios 875 -876). 186 Cf. Incidental Motions for Early Release. Judiciary. Second Criminal Enforcement Court. Enforcement No. 429-96 Of. 7. Remission of Sentences File No. 169-03. Decision of the Second Criminal Enforcement Court of August 18, 2003 (evidence file, folio 892). 187 Cf. Incidental Motions for Early Release. Judiciary. Second Criminal Enforcement Court. Enforcement No. 429-96 Of. 7. Remission of Sentences File No. 169-03. Brief of the Secretary of the Second Criminal Enforcement Court of August 27, 2003 (evidence file, folio 899). 188 Cf. Incidental Motions for Early Release. Judiciary. Second Criminal Enforcement Court. Enforcement No. 429-96 Of. 7. Remission of Sentences File No. 169-03. Record of Evidence Hearing on August 29, 2003 (evidence file, folios 913-928). 189 39