32
109. 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 said that the incidental motion should be interpreted
in a manner consistent with international treaties on observance of human rights. 282 The Judge confirmed
receipt of the appeal on May 18, 2004, and forwarded it to the Fourth Division of the Court of Appeals for a
ruling.283 After being notified on May 25, 2004 of Ms. Chinchilla's death, 284 on June 3, 2004, the Fourth
Division of the Court Of Appeals rejected the appeal on the ground that the appellant had died. 285
4.
Ms. Chinchilla's death on May 25, 2004
110. Ms. Claudia Fedora Quintana Mendoza, who was an inmate at the COF, said that the day
before she died Ms. Chinchilla had arranged to come round at about 10:00 a.m. “to eat with her.” She said that
Ms. Chinchilla “had a bedroom in the maternal wing.” According to Ms. Quintana Mendoza, on May 25, 2004
“The girls say that at around 6:00 a.m. [Ms. Chinchilla] was sitting in her wheelchair at the
entrance to the maternal wing, where she lived. She could not come down because there was
a step, so she asked the girls to come and let me know but they did not, so she got out of the
chair and another prisoner, a Colombian, found her and helped her back into her chair, but
Doña Inés got out of it again and fell. By the time they came to tell me she had already fallen.
We got her up and took her back to her room. She scraped her hands and her good leg. 286
111. Osiris Ángelica Romano, another COF inmate, said that Ms. Chinchilla's fall occurred at
“around 8:15 in the morning.”287 For her part, Ms. Quintana Mendoza said that “it happened at around 7:00 or
7:30 in the morning.”288
112. Following Ms. Chinchilla's fall, Osiris Angélica Romano said that she went to tell the nurse
and she “went running to help her.” She said that “by the time we returned, Doña María Inés was back in her
282
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. Public Defenders’ Institute. Appeal. May 17, 2004. Pages 121143. Appendix 3 to the initial petition.
283
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 May 18,
2004. Page 145. Appendix 3 to the initial petition.
284
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. Female Orientation Center. Official Letter No. 99-2004.
Communication from the Deputy Director of the COF, May 25, 2004. Page 149. Appendix 3 to the initial petition.
285
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. Ruling of the Court of Appeals, Fourth Division. June 3, 2004.
Page 150.
286
Appendix 11. Affidavit of Claudia Fedora Quintana Mendoza before a notary public. Appendix to the
representatives’ brief of April 16, 2006. With respect to this event, Osiris Angélica Romano, who was also a prisoner at the COF,
said, “Doña María Inés was moving along in her wheelchair looking for a friend but she miscalculated; she thought there was
more room. As she was in her wheelchair she did not see the steps and fell. When I saw that happen, I tried to walk as quickly
as possible. Other women stayed to pick her up.” Appendix 7. Affidavit of Osiris Angélica Romano before a notary public.
Appendix to the representatives’ brief of April 16, 2006.
287
Appendix 7. Affidavit of Osiris Angélica Romano before a notary public. Appendix to the representatives’ brief of
April 16, 2006.
288
Appendix 11. Affidavit of Claudia Fedora Quintana Mendoza before a notary public..Appendix to the
representatives’ brief of April 16, 2006.