141. On April 28, 2004, “psychological and work reports” were forwarded from Santa Teresa Women’s Prison.216 On April 29, 2004, the COF’s medical surgeon advised that she would be unable to attend the hearing on that day and forwarded a medical certificate. 217 142. The evidence hearing was held on April 29, 2004. 218 The Public Prosecution Service announced, inter alia, that “it was not possible to hear the testimony of Dr. Luisa Amelia Morán, which was of the utmost importance for establishing at the hearing everything connected with the inmate’s illness and conditions at the Women´s Orientation Center (COF).” It also mentioned that the statement of the Central Prisons Board was not included, “which is of great importance to establish the admissibility of the inmate´s request for early release, since it is an essential requirement for granting it, as established in Article 7(c) of the Sentence Remission Law.”219 143. On April 29, 2004, the COF doctor sent a report to the physician of the Second Court containing a “clinical impression” of Mrs. Chinchilla as follows: “* arterial hypertension.* diabetes mellitus. * pleural effusion* ascites * chronic adult malnutrition * fracture of the femur (operated, however the bone has not knitted) * renal insufficiency (tests to be completed) * depression.” The doctor also mentioned other symptoms and concluded that “the patient suffers from various pathologies and needs specific permanent treatment; however, given its complexity and chronicity, its resolution is difficult.” 144. On April 29, 2004, the Second Criminal Enforcement Judge declared the incidental motion “without merit”, stating the following: “[…] although it is true that the inmate currently suffers from the disease […] diabetes mellitus as well as other illnesses, it is no less true that to date Mrs. Chinchilla Sandoval has been granted permission whenever she has asked to receive medical attention; therefore, this inmate cannot be released, as her defense counsel requests, because of the mere fact that she is ill, as a humanitarian act, since it would be the Judiciary taking this action through this jurisdictional body and not as envisaged by the lawmakers […] Similarly, based on an analysis of the reports and statements of the doctors summoned, we conclude that, while it is true that the disease suffered by the convict is irreversible and complex, all the doctors have made it clear that if she receives adequate treatment her life is not in imminent danger. Therefore, the convict must continue serving her sentence and, whenever she needs to receive medical attention, she should make it known and this will be authorized with prior justification. This [decision] also takes into account the fact that the convict Chinchilla Sandoval is serving a thirty-year prison sentence and that so far she has served only eight years, ten months and twenty-nine days, not even half of the penalty imposed. Considering that the law in this aspect must be obeyed and enforced, in this case, the aforementioned convict must remain in prison even though she has a disease that makes it more complicated for her to stay and serve the sentence imposed. Also, it is the view of this Judge that, in order to grant the benefit sought, it is not a requirement for the convict to be suffering from a particular illness; on the contrary, as established by Article 7 (c) of the Remission of Sentences Law it is essential for the convict to have performed acts of altruism, Cf. Incidental Motions for Early Release. Judiciary. Second Criminal Enforcement Court. Enforcement No. 429-96 Of. 7. Women’s Orientation Center. Letter from the Deputy Director of the COF and Psychological and Work Reports of the Santa Teresa Women’s Prison, Zone 18, of April 28, 2004 (evidence file, folios 1112-1114). 216 Cf. Incidental Motions for Early Release. Judiciary. Second Criminal Enforcement Court. Enforcement No. 429-96 Of. 7. Remission of Sentences File. Communications of Dr. Luisa Amelia Moran of April 28 and 29, 2004 (evidence file, folios 1116-1117). 217 Cf. Incidental Motions for Early Release. Judiciary. Second Criminal Enforcement Court. Enforcement No. 429-96 Of. 7. Remission of Sentences File. Record of Evidence Hearing of April 29, 2004 (evidence file, folios 11191128). 218 Cf. Incidental Motions for Early Release. Judiciary. Enforcement No. 429-96 Of. 7. Record of Evidence Hearing of April 29, 2004 (evidence file, folios 1119-1128). 219 45