limbs.”175 Certifications were enclosed from the HSJD176 and the medical examiner of the Public
Prosecution Service. The latter stated that Mrs. Chinchilla “can remain at the Center […]
provided she takes her medications regularly” and receives care from the medical and
paramedic staff.177
119.
The judge scheduled a hearing for July 9, 2003, 178 where he ruled on the motion,
declaring it “without merit.”179 It was mentioned that the attending physician (proposed by
Mrs. Chinchilla) did not appear at the hearing because he was out of the country, that the
petitioner did not propose another doctor in replacement, and that the Public Prosecution
Service medical examiner offered excuses for not being able to attend. Thus, “[…] it was not
established whether the petitioner’s clinical condition is terminal or not” and “the failure of the
[doctors] to appear is an obstacle to a favorable ruling.”180
C.3
Third incidental motion for “special release due to terminal
illness”
120.
On August 6, 2003, Mrs. Chinchilla Sandoval filed a motion for special release due
to terminal illness181 with the Second Criminal Enforcement Court. The petition reiterated that
she suffered, among other illnesses, from “occlusive arteriosclerosis of the lower limbs, a
terminal illness that obstructs blood circulation” and that in a short period this could produce
“a brain embolism,” for which reason she was requesting early release. Attached to the petition
was a certification from the Judiciary’s medical examiner, stating that Mrs. Chinchilla “presents
symptoms of terminal illness with problems in her lower limbs.” 182 Mrs. Chinchilla Sandoval
then requested that the medical reports enclosed in the previous motion, which had been
dismissed,183 be included and certified, namely, a statement from the COF’s Multidisciplinary
Team, saying that “this Center lacks the specialized staff and infrastructure to provide her
Cf. Judiciary, Republic of Guatemala. Second Criminal Enforcement Court. Enforcement No. 429-96 Of. 7.
Brief of the Medical Examiner of the Judiciary. May 30, 2003 (evidence file, folio 972).
175
Cf. Incidental Motions for Early Release. Judiciary. Second Criminal Enforcement Court. Enforcement No.
429-96 Of. 7. “San Juan de Dios” General Hospital. Letter from the Chief of the First Women’s Surgery Unit. June 2,
2003 (evidence file, folios 973-975).
176
Cf. Incidental Motions for Early Release. Judiciary. Second Criminal Enforcement Court. Enforcement No.
429-96 Of. 7. Brief of the Medical Examiner of the Public Prosecution Service of June 6, 2003 (evidence file, folios
979-980).
177
Cf. Incidental Motions for Early Release. Judiciary. Second Criminal Enforcement Court. Enforcement No.
429-96 Of. 7. Decision of the Judge of the Second Criminal Enforcement Court of June 26, 2003 (evidence file, folio
992).
178
Cf. Incidental Motions for Early Release. Judiciary. Second Criminal Enforcement Court. Enforcement No.
429-96 Of. 7. Decision of the Judge of the Second Criminal Enforcement Court of July 9, 2003 (evidence file, folios
1006-1009).
179
Cf. Incidental Motions for Early Release. Judiciary. Second Criminal Enforcement Court. Enforcement No.
429-96 Of. 7. Decision of the Judge of the Second Criminal Enforcement Court of July 9, 2003 (evidence file, folios
1006-1009).
180
Cf. Incidental Motions for Early Release. Judiciary. Second Criminal Enforcement Court. Enforcement No.
429-96 Of. 7. Remission of Sentences File No. 169-03. Brief to file a motion for extraordinary release due to terminal
illness (evidence file, folios 863-866).
181
Cf. Incidental Motions for Early Release. Judiciary. Second Criminal Enforcement Court. Enforcement No.
429-96 Of. 7. Remission of Sentences File No. 169-03. Judiciary. Forensic Medicine Service. Communication of the
Medical Examiner of May 30, 2003 (evidence file, folio 867).
182
Cf. Brief of Mrs. Maria Inés Chinchilla Sandoval to the Judge of the Second Criminal Enforcement Court of
August 6, 2003 (evidence file, folios 869-871).
183
38