31 105. On April 28, 2004, psychological and labor reports were forwarded from Santa Teresa Women's Prison.276 On April 28, 2004, the COF doctor advised that she would be unable to attend the hearing on April 29 and forwarded a medical certificate. 277 106. The evidence hearing was held on April 29, 2004. 278 The Public Prosecution Service announced, inter alia, that “it was not possible to hear the testimony of Dr. LUISA AMELIA MORAN, which was of supreme importance for establishing at the hearing everything connected with the inmate's illness and conditions at the Female Orientation Center (COF).”279 107. On April 29, 2004, the Judge denied the incidental motion. The Judge ruled that “the convict in question [must] be in prison even though she has a disease that makes it even more complicated for her to stay and serve the sentence imposed.” He explained with regard to the propriety of the incidental motion that In order to grant the benefit sought it is not a requirement for the convict to be suffering a particular illness; on the contrary, as Article 7(c) of the Sentence Remission Law provides, it is essential for the convict to have performed acts of altruism, 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, with the reasons stated for justifying such remissions, which has not occurred in this incidental motion, despite the fact that an opinion was requested from it in that respect, which also constitutes an obstacle to granting the benefit sought. Coupled with the foregoing, Judge Aquo concluded 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.”280 108. Also on April 29, 2004, the Judge of the First Criminal Enforcement Court sent a communication to the Judge informing him that the Central Prisons Board had 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 pronounce on the motion filed for early release under remission of sentence.”281 276 Appendix 2. Republic of Guatemala Judiciary Second Criminal Enforcement Court Final Decision No. 429-96 Of. 7. Sentence Remission Case. Female Orientation Center. Written communication from the Deputy Director of the COF and psychological and labor reports from Santa Teresa Women's Prison, Zone 18, April 28, 2004 Pages 91-93. Appendix 3 to the initial petition. 277 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. Communication from Dr. Luisa Amelia Morán. April 28, 2004. Pages 96-97. Appendix 3 to the initial petition. 278 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. April 29, 2004. Pages 99103. Appendix 3 to the initial petition. 279 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. April 29, 2004. Pages 99103. Appendix 3 to the initial petition. 280 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 April 29, 2004. Pages 115-117. Appendix 3 to the initial petition. 281 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. Communication from the First Criminal Enforcement Court, April 29, 2004. Page 118.

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