heroism, or any other humanitarian act, something that has not been accredited at any time. In
addition, the same law provides that such benefits must be decided upon and set on the
recommendation of the Central Prisons Board, stating the reasons that justify such remissions.
That has not occurred in this incidental motion, despite the fact that that an opinion on that
matter was requested from the [Board], which also constitutes an obstacle to granting the benefit
sought. Coupled with the foregoing, Judge Aquo concludes that the benefit requested was not
designed to enable a convicted person to die with dignity, but to encourage or reward a convicted
person who has performed a solemn act of solidarity and compassion for another individual or
individuals who have suffered misfortune. Therefore, the Judge decides that this motion must be
declared without merit.”220
145.
In addition, on April 29, 2004, the Judge of the First Criminal Enforcement Court
forwarded a communication to the Second Judge informing him that “the Central Prisons Board
has been disbanded since 2002, on account of the duplication of functions between the Judge
of the First Criminal Enforcement Court and the President of the Board.” In light of the
foregoing, “it [was] not possible to rule on the motion filed for early release under remission
of sentence.”221
146.
On May 17, 2004, Mrs. Chinchilla’s attorney filed an appeal on her behalf arguing
that the interpretation of Article 7 of the Sentence Remission Law was “outmoded, simplistic
and obsolete” and that the Central Prisons Board had not convened. Finally, it argued that the
incidental motion should be interpreted in a manner consistent with international treaties on
the observance of human rights.222 On May 18, 2004, the judge confirmed receipt of the appeal
and forwarded it the Fourth Division of the Court of Appeals for a ruling.223 After being notified
on May 25, 2004, of Mrs. Chinchilla’s death,224 on June 3, 2004, the said Appeals Court decided
not to hear the appeal on the grounds that the appellant had died. 225
D.
The investigation into Mrs. Chinchilla’s death
147.
The Prosecution Unit for Crimes against Life and the Person of the Public
Prosecution Service was notified of Mrs. Chinchilla’s death on May 25, 2004. 226 The prosecutor
of Agency No. 22 of the Metropolitan Prosecutor’s Office conducted the official removal of the
body that same day. A photograph album of the official removal of the body was included in
a report of June 9, 2004.227
Cf. Incidental Motions for Early Release. Judiciary. Enforcement No. 429-96 Of. 7. Decision of the Judge of
the Second Criminal Enforcement Court of April 29, 2004 (evidence file, folios 1139-1144).
220
Cf. Incidental Motions for Early Release. Judiciary. Enforcement No. 429-96 Of. 7. Communication of the
First Criminal Enforcement Judge of April 29, 2004 (evidence file, folio 1145).
221
Cf. Incidental Motions for Early Release. Judiciary. Enforcement No. 429-96 Of. 7. Legal Defense Institute.
Appeal filed on May 17, 2004 (evidence file, folios 1150-1193).
222
Cf. Incidental Motions for Early Release. Judiciary. Enforcement No. 429-96 Of. 7. Remission of Sentences
File. Decision of the Judge of the Second Criminal Enforcement Court of May 18, 2004 (evidence file, folio 1195).
223
Cf. Incidental Motions for Early Release. Judiciary. Enforcement No. 429-96 Of. 7. Remission of Sentences
File. Women’s Orientation Center. Official letter No. 99-2004. Communication of the Deputy Director of the COF, May
25, 2004 (evidence file, folio 1199).
224
Cf. Incidental Motions for Early Release. Judiciary. Enforcement No. 429-96 Of. 7. Decision of the Fourth
Division of the Court of Appeals of June 3, 2004 (evidence file, folios 1200-1201).
225
Cf. Public Prosecution Service. Prosecutor for Crimes against Life and Personal Integrity. “Vida” Office 04,
MP001/2004/105950, January 11, 2005 (evidence file, folios 1330 and 1331).
226
227
Cf. Public Prosecution Service. Form for removal of corpses, dated May 25, 2004 (evidence file, folio 1297)
46