22 3.1 First Incidental Motion: “for early release under special remission of sentences.” 69. On November 22, 2002, Mrs. Chinchilla filed a motion for early release.213 The attached certification of the HSJD states that “[…]the patient suffers from a terminal occlusive arteriosclerotic illness of which there is currently clinical evidence in the lower left limb, which will very likely (80% probability) end up being amputated.”214 On November 27, 2002, the Judge began to process the incidental motion. 215 70. At the judge's request, the medical examiner offered an opinion, saying that Ms. Chinchilla presented “[…] the symptoms of a terminal illness with problems in her lower limbs.”216 For his part, the duty doctor at the COF said that she was a patient who was “depressive, rebellious, and in poor overall health,” that her “physical condition was in marked decline as a result of her diabetes mellitus, and her mobility was limited because of the amputation of the right lower limb.”217 For its part, the report of the Public Prosecution Service Medical Examiner stated that she was in a “stable and controlled condition” and “she can continue her current treatment” at the COF, “provided that she is supplied with her medications and is regularly evaluated by the institution’s doctor and the external consultant.”218 71. Enclosed with the file was the opinion of the COF multidisciplinary team, 219 which stated, inter alia, that Ms. Chinchilla “gets around in a wheelchair” and since “this facility lacks the necessary resources for her care … she should be granted early release.”220 Included was the report of the director of the COF, which stated that Ms. Chinchilla's conduct was rated as “good,” 221 along with a socioeconomic study that suggested “that she might be granted parole” and that the COF “does not have specialized staff to provide her with better care.”222 213 Appendix 2. Incidental Motions for Early Release. Decision No. 429-96 Of. 7. Sentence Remission Case. Public Criminal Defender Institute Motion for early release under special remission July 9, 2003 Pages 1-3. 214 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. San Juan de Dios General Hospital Medical Records Department. Certification 2070-02. November 16, 2002. Page 3. 215 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 November 27, 2004. Page 4. 216 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. Forensic Medicine Service. Report 30-2003. Medical examiner's report of January 16, 2003. Page 7. 217 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 005-2003. Duty doctor’s report, January 25, 2003. Page 17. 218 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 Prosecution Service. DFM 023. Official letter 138-03 “c”. Report of the Public Prosecution Service Medical Examiner. January 30, 2003. Page 38. 219 The team comprised the Deputy Director of the COF, the legal department, the labor department, the psychology department, the social worker, and the Director of the COF. 220 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. Written communication from the multidisciplinary team. January 21, 2003. Page 9. 221 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. Conduct report. January 21, 2003. Page 10. 222 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 005-2003. Social worker’s report, January 27, 2003. Pages 18-19.