117. Finally, based on “the provisions of Article 18 of the Political Constitution […] 75 and 77 of the Federal Criminal Code, 26 and 30 […] of the Organic Law of the Federal Administration [and] the Internal Rules of the Secretariat for Public Security,” 158 on October 7, 2001, when Messrs. Cabrera and Montiel were still serving their sentence at the Prevention and Social Re-adaptation Center, a physician from the Center’s Medical Service carried out one (1) further examination on each one and concluded that their respective penalties were incompatible with their state of health. 159 Based on the results of that examination, on November 8, 2001, the Federal Executive, by way of the General Directorate of Social Welfare and Rehabilitation, released Messrs. Cabrera 160 and Montiel. 161 performed by the specialist removed a small lipoma, located in the paravertebral region to the left of the midline, with no consequences or after-effects (it was not a cancerous tumor as claimed by the plaintiff) [...]: male patient in good general condition; hygiene-dietary measures were recommended and he does not require medical and/or surgical treatment.” Cf. Medical and Psychophysical Certificate of Messrs. Cabrera and Montiel, issued by a medical expert from the Coordination of Expert Services of the CNDH on May 19, 2000 (File of attachments to the application, volume V, pages 1713 to 1719). 157 One (1) medical certificate was issued for Mr. Cabrera García, indicating that his “psychophysical condition [was] normal.” Cf. Medical Psychophysical Certificate of Mr. Montiel Flores, issued by a medical expert from the CNDH Expert Services Unit, on July 6, 2000 (File of attachments to the application, volume V, pages 1642 to 1643). 158 Cf. Official Letter No. 210/3430/2001 and N° 210/3431/2001 of November 7, 2001 by which the sanctions imposed on Messrs. Cabrera and Montiel were modified (Merits file, volume IV; pages 1738 and 1740). 159 Regarding Mr. Cabrera García, it was concluded that: “the testicular pain requires a medical evaluation by a urologist.” Furthermore, “in [the] direct medical evaluation, a progressive general deterioration was noted and a physical appearance of neglect.” Regarding Mr. Montiel Flores: i) The deformity of the left clavicular region has caused intense pain which has spread to the shoulder joint on the same side and towards the chest area (heart area); ii) “he has abdominal pain, which is tolerable when not making an effort, but when doing do causes an intense increase in pain;” iii) “the dermatomal area with insensitivity on the right thigh alternates with periods of pain that spreads towards the lumbar region on the same side;” and iv) “the epididymo-orchitis (inflammation of the testicle and the epididymis) on the left side causes intense pain and makes it difficult for him to walk; therefore, the attention of a urology specialist is required.” Cf. Direct medical evaluation of Messrs. Cabrera and Montiel performed by a forensic physician on October 7, 2001 (Merits file, volume IV, pages 1734 to 1737). 160 The diagnosis issued by the State for Teodoro Cabrera was the following: “[c]omplete loss of vision in the left eye secondary to cataract and corneal opacity caused by direct trauma suffered at the age of 10. Partial loss of vision in the right eye secondary to pterygium (fleshiness), located in the internal angle. Lower limb Grade II vascular insufficiency. Osteoarthritis (which is exacerbated by changes in temperature). Painful right testicle, withdrawn, and reduced in size relative to the left one. Onychomycosis in both feet (destruction of the nails by fungi). This is in addition to an obvious decline in his general health, including his state of mind, since the vision loss prevents him from participating in various activities organized by the Institution. All his pathologies are progressive in nature and require immediate medical treatment and 2nd or 3rd level hospital care; he should also be provided with comprehensive medical and surgical treatment in different specialties.” Therefore, in the case of Teodoro Cabrera, it was declared that: “there is incompatibility between his age, health and physical constitution, and compliance with the punishment imposed; accordingly, his residence is designated as the place for him to continue to serve the sentence, since the inmate requires medical attention and his family’s assistance.” Cf. Official letter N° 210/3430/2001 of November 7, 2001, supra note 158, pages 1740 and 1741. 161 The diagnosis issued by the State for Rodolfo Montiel was as follows: “Left ear hearing loss secondary to chronic bilateral otitis, deformity of the left subclavicular and supraclavicular regions grade II to III, contractile fibrosis sequelae secondary to bullet wound scar located in the abdomen, as well as a dermatomal area with insensitivity 5 centimeters in diameter, located on the external side of the proximal third of the right thigh, chronic and acute epididymo-orchitis, as well as visual loss. These are pathologies that, taken as a whole, significantly limit his ability to serve his sentence. In the case of Mr. Montiel Flores: “[…] it is determined that there is incompatibility between his health and physical constitution, and compliance with the punishment imposed; accordingly, his residence is designated as the place to continue serving his sentence, since the inmate requires medical attention and his family’s assistance.” Cf. Official letter N° 210/3431/2001 of November 7, 2001, supra note 158, pages 1738 and 1739. 44