has.” He mentioned that “the care that the patient needs is as follows [:] regular monitoring of blood sugar levels, for someone to keep track of when she takes her medication, someone to move her around and, depending on the complications that she might suffer, to verify if the Center has equipment or access to examinations by a consultant.” He added that “when she was examined her condition was under control” and that he had not “stated that the patient ha[d] what [was] needed for her illnesses to be properly controlled.” He said that terminal occlusive arteriosclerosis was not a terminal disease but “a complication from diabetes which, in this case, has not been adequately controlled.” He said that gangrene “…is an infectious pathology that can kill a patient if the right treatment is not given.” As to the cervical cancer, he said that on the day she went to the hospital, the clinical file was handed over but “it contained no record of that pathology.” 124. The COF doctor said that “[Mrs. Chinchilla] buys her own insulin” and “presumably [it was administered] by the nurses.” He said that he examined Mrs. Chinchilla whenever she required it and that periodicity “can be constant.” As to whether the COF had the necessary equipment to provide treatment, he replied, “no”, and said it would be necessary “to have special equipment for ketoacidosis, in order to revive her from a diabetic coma that she could go into at any moment.” He added that her diabetes was not controlled and that “it is subject to external factors at any time.” He said that at that moment Mrs. Chinchilla’s life was not in danger; however, when asked if she was in danger of dying from her disease if she was imprisoned, he said that “it [was] possible, given all the complications that she has” and that “it [was] impossible to predict when.” When asked if the lack of adequate means to treat diabetic coma or a complication could be fatal, he answered “yes.” He said that Mrs. Chinchilla needed 40 units of insulin in the morning and 15 in the afternoon and that internal occlusive arteriosclerosis “[was] indeed [a terminal disease].” He added that he was aware of the cervical cancer but “NOT […] OF ITS DEGREE” and that he could not say definitively “IF IT [WAS] TERMINAL OR NOT.” Regarding the hypertension, he said the Center “only [had] CAPTOPRIL” and “WHEN IT WAS IN STOCK, YES [the COF provided it].” 125. Next, Mrs. Chinchilla spoke and said: […] being an amputee, I have to prepare my own food, because I cannot eat what the Center offers me; I cannot eat sugar, fats or condiments; sometimes I have some and sometimes I don´t; sometimes I can rely on my family and sometimes not. […] How can I contact my family if the telephone to which I could have access is too high for me to reach and the transportation is so limited … I don’t have anyone to do things for me. I don’t have warders or a friend to help me do it and, as regards my health, as has been made clear, the Center does not have the necessary equipment, nor does it provide me with medicines, not even insulin, which I have to obtain by my own means […] I’ve already nearly lost my sight in my right eye and half in the left eye, so I appeal to your sense of humanity […], my health is deteriorating daily and I ask you to take into account that because of my advanced age I am not going to be able to recover.190 126. On August 29, 2003 the judge decided that the motion was “without merit”, considering that Mrs. Chinchilla “can receive adequate treatment at the prison […] and not necessarily outside it […],”191 based on the following: Cf. Incidental Motions for Early Release. Judiciary. Second Criminal Enforcement Court. Enforcement No. 429-96 Of. 7. Remission of Sentences File No. 169-03. Record of Evidence Hearing of August 29, 2003 (evidence file, folios 913-928). 190 Cf. Incidental Motions for Early Release. Judiciary. Second Criminal Enforcement Court. Enforcement No. 429-96 Of. 7. Remission of Sentences File No. 169-03. Decision of the Judge of the Second Criminal Enforcement Court of August 29, 2003 (evidence file, folios 929-931). 191 40

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