DECLARES I) WITHOUT MERIT the motion for Extraordinary Early Release for Remission of Sentences filed by the inmate MARÍA INÉS CHINCHILLA SANDOVAL.167 115. On February 27, 2003, Mrs. Chinchilla filed an “appeal and statement of grievances” with the First Criminal Court. She argued that “the prison has inadequate infrastructure to allow [her] to communicate freely with [her] relatives and others; that the Center does not have the infrastructure to store medication that requires refrigeration, such as insulin, which is indispensable for [her] to stay alive, and without refrigeration it goes bad.” She added that she did not “have access to other medicines.” She also said that she “[did] not know if the cancer detected [in her vagina was] benign or malignant.” That same day, the Court forwarded the brief to the Fourth Division of the Court of Appeals, which in turn forwarded it to the Second Court the following day. 168 116. On March 3, 2003, the Judge of the Second Criminal Enforcement Court concluded that “the challenge [was] out of order”, because it was not filed within the three-day period prescribed by law and, “in any case, the appellant should not have appealed to a court other than the one with jurisdiction under the law.” 169 C.2 Second incidental motion for “early release due to terminal illness” 117. On May 5, 2003, Mrs. Chinchilla filed a petition for early release “due to terminal illness,”170 before the Second Criminal Enforcement Court. The motion stated that, among other diseases, she suffered from “occlusive arteriosclerosis of the lower limbs, a terminal illness that obstructs blood circulation,” that in a short period of time this could cause “a brain embolism.”171 Attached to the petition were medical certifications from the Chief of the Medical Records Department,172 a COF conduct report173 and a communication from the COF Multidisciplinary Team stating that “this Center lacks the specialized staff and infrastructure to provide her with better health care” and that “she should be granted early release.” 174 118. In a certification dated May 30, 2003, the Judiciary’s medical examiner stated that Mrs. Chinchilla “presents symptoms of a terminal illness, with problems in her lower Cf. Incidental Motions for Early Release. Republic of Guatemala Judiciary. Enforcement No. 429-96 Of. 7. Remission of Sentences file. Decision of the Judge of the Second Criminal Enforcement Court of February 14, 2003 (evidence file, folios 1080-1082). 167 Cf. Incidental Motions for Early Release. Judiciary. Second Criminal Enforcement Court. Enforcement No. 429-96 Of. 7. Remission of Sentences File. Brief of appeal and statement of grievances of Mrs. María Inés Chinchilla Sandoval of February 27, 2003 (evidence file, folios 1087 to 1092). 168 Cf. Incidental Motions for Early Release. Judiciary. Enforcement No. 429-96 Of. 7. Remission of Sentences File. Decision of Judge of the Second Criminal Enforcement Court of March 3, 2003 (evidence file, folios 1094-1095). 169 Cf. Incidental Motions for Early Release. Judiciary. Second Criminal Enforcement Court. Enforcement No. 429-96 Of. 7. Request for extraordinary release due to terminal illness of May 5, 2003 (evidence file, folios 950-954). 170 171 Cf. Incidental Motions for Early Release. Judiciary. Second Criminal Enforcement Court. Enforcement No. 429-96 Of. 7. Application for liberty extraordinary by terminal illness of May 5, 2003 (evidence file, folios 950- 954). Cf. Incidental Motions for Early Release. Judiciary. Second Criminal Enforcement Court. Enforcement No. 429-96 Of. 7. San Juan de Dios General Hospital. Medical Certificates 1268-02, 878-01. 2076-02, 1802-02 of November 6, 2002, May 25, 2001, November 18, 2002, and October 7, 2002, respectively (evidence file, folios 955959). 172 Cf. Incidental Motions for Early Release. Judiciary. Second Criminal Enforcement Court. Enforcement No. 429-96 Of. 7. Women’s Orientation Center. Conduct Report. April 14, 2002 (evidence file, folio 960). 173 Cf. Incidental Motions for Early Release. Judiciary. Second Criminal Enforcement Court. Enforcement No. 429-96 Of. 7. Brief of the Multidisciplinary Team of the COF. May 26, 2003 (evidence file, folio 970). 174 37