23 72. The Judge scheduled an evidence hearing for February 12, 2002. 223 The hearing was suspended as the judiciary medical examiner was not present.224 The judge scheduled a new hearing to be held on February 14 of the same year.225 73. The evidence hearing was held on February 14, 2003. 226 74. At the hearing, the HSJD doctor and the doctors from the COF and the Public Prosecution Service were in agreement as to the fact that Ms. Chinchilla's illness was not terminal. 227 For his part, the judiciary doctor said, “The diabetic symptoms that Ms. Chinchilla Sandoval presents are those of a terminal illness,” where terminal illness is defined as one which “at a particular point could ultimately result in death.” 75. The doctors agreed that the illness could be treated in an ambulatory manner; however, (i) the doctor from San Juan de Dios General Hospital added that he did “not know if [her treatment] could [be provided at the COF] or not, since [he was] not familiar with the Center and the medical care offered there”; (ii) the judiciary doctor mentioned that “the Center has the capacity to deliver the treatment, provided that it is [allowed] entry or it is provided to her and also as long as there are no complications of any kind” but he “[did] not know who provides medication to Ms. Chinchilla as he [was] not a staff doctor at the Female Orientation Center”; (iii) the COF doctor said that “she has her own treatment as the correctional system does not provide it; if the family continues to bring her treatment, she has psychological support and rehabilitation therapy, she could carry on being treated at the Center; that is, she could receive at home the same treatment that she receives at the Center”; and (iv) the medical examiner from the Public Prosecution Service stated that at some point the patient could suffer a decompensation, “which would require hospital treatment” and that “her life could be in danger if she does not receive the right medical treatment or if she stops being properly medicated.” 76. The COF doctor added that “the inmate ... does not allow the nursing staff to clean her wounds, only her cellmates.” He specified that “normally the patient medicates herself” and that “to die, [Ms. Chinchilla] would have to have ketoacidosis and blood sugar levels above 600; someone whose blood sugar reaches 500 or 600 could still be taken to a hospital emergency room in time.” Finally, he said that “the Center has a vehicle for transport, but before doing so a blood sugar level test is done and if it is high, permission to leave is granted.” 223 Appendix 2. Incidental Motions for Early Release. Republic of Guatemala Judiciary Second Criminal Enforcement Court Final Decision No. 429-96 Of. 7. Sentence Remission Case. Decision of the Second Criminal Enforcement Court of February 4, 2003. Page 35. 224 Appendix 2. Incidental Motions for Early Release. Republic of Guatemala Judiciary Second Criminal Enforcement Court Final Decision No. 429-96 Of. 7. Sentence Remission Case. Decision of the Second Criminal Enforcement Court of February 12, 2003. Page 41. 225 Appendix 2. Incidental Motions for Early Release. Republic of Guatemala Judiciary Second Criminal Enforcement Court Final Decision No. 429-96 Of. 7. Sentence Remission Case. Decision of the Second Criminal Enforcement Court of February 12, 2003. Page 42. 226 Appendix 2. Incidental Motions for Early Release. Republic of Guatemala Judiciary Second Criminal Enforcement Court Final Decision No. 429-96 Of. 7. Sentence Remission Case. Judiciary Record of Evidence Hearing. February 14, 2003. Pages 44-50. 227 The doctor from San Juan de Dios General Hospital said, “diabetes cannot be considered a terminal illness, but it can be incurable.” The doctor from the COF said, “If [Ms. Chinchilla] receives the right treatment [her disease cannot be considered terminal].” Finally, the medical examiner from the Public Prosecution Service said “the illnesses from which Ms. Chinchilla Sandoval suffers, diabetes mellitus and arterial hypertension, are not considered terminal; however, the arteriosclerotic disease in the left lower limb is at an advanced stage.”