68.
On December 7, 2001, Mrs. Chinchilla was taken to the emergency room of the
HSJD and “hospitalized because of the seriousness of her condition.”100 She remained there
until February 15, 2002, with “necrosis on the sole and second and fifth toes of her right foot
as well as a subcapital fracture of the right humerus.” “The affected area was cleaned and
surgically debrided on two occasions.” She also presented necrosis on the fifth toe of her right
foot, which was amputated, while the sole of the foot was cleaned and debrided. The “fracture
was treated by simply immobilizing it.”101
vi.
2002
69.
On February 19, 2002, the judge gave approval for Mrs. Chinchilla to attend a
medical appointment on February 22. On February 25, Mrs. Chinchilla requested authorization
to go to a medical appointment at the HSJD on March 1, saying that, “because of her very
severe illness she has to attend that clinic weekly on Fridays.” The social worker reported
that Mrs. Chinchilla “is not registered in the appointments book for Friday of every week.” On
March 1, 2002, the judge refused permission and on March 4 wrote to the COF advising that
“in future all requests […] must be submitted with sufficient notice so that the social worker
can verify the request.”102
70.
On March 15, 2002, Mrs. Chinchilla was taken to hospital in an emergency after
the Center’s doctor examined her and found that she “presented a change of color in her left
foot and fibrin accumulation with a very bad odor, leading to the amputation of her little
toe.”103
71.
On March 18, 2002, the judge was asked to authorize medical appointments for
Mrs. Chinchilla on March 22 and 27, and April 5, 12, 19 and 26. The judge stated that before
deciding he required a report from the social worker to verify the request. On March 22, 2002,
the social worker reported that Mrs. Chinchilla could be taken on March 27. Her report also
stated that on the doctor’s indication the wounds needed constant cleaning. On March 25, the
judge gave approval for Mrs. Chinchilla to attend the verified appointments. 104
Enforcement Court to the social worker, dated November 29, 2001; Communication from the social worker to the
Second Criminal Enforcement Court of December 4, 2001 (evidence file, folios 493 to 512).
Cf. Certification of Enforcement 429-96. Judiciary. Official letter 257-2001, Communication of the Director
of the COF of December 10, 2001 (evidence file, folio 514).
100
Cf. Incidental Motions for Early Release. San Juan de Dios General Hospital. Medical Records Department.
Certification 447/04. March 2, 2004 (evidence file, folio 764).
101
Cf. Certification of Enforcement 429-96. Judiciary. Of. 7. Decision of the Second Criminal Enforcement Court
of February 19, 2002; Communication of the Deputy Director of the COF of February 25, 2002; Communication from
the social worker to the Second Criminal Enforcement Court of February 28, 2002; Decision of the Second Criminal
Enforcement Court of March 1, 2002; Communication from the Second Criminal Enforcement Court to the Deputy
Director of the COF of March 4, 2002 (evidence file, folios 522 to 531).
102
Cf. Certification of Enforcement 429-96. Judiciary. Of. 7. Official letter 054-2002. Communication of the
Deputy Director of the COF of March 15, 2002 (evidence file, folio 536).
103
Cf. Certification of Enforcement 429-96. Judiciary. Of. 7. Communication of the Director of the COF of March
18, 2002; Communication from the social worker to the Second Criminal Enforcement Court of March 19 and 22,
2002; Decisions of the Second Criminal Enforcement Court of March 19 and 25, 2002 (evidence file, folios 539 to
545).
104
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