I INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE 1. The case submitted to the Court. – On August 19, 2014, pursuant to Articles 51 and 61 of the American Convention and Article 35 of the Court’s Rules of Procedure, the InterAmerican Commission on Human Rights (hereinafter “the Inter-American Commission” or “the Commission”) submitted to the jurisdiction of the Inter-American Court the case of Chinchilla Sandoval and others against the Republic of Guatemala (hereinafter “the State” or “Guatemala”). According to the Commission, the case concerns alleged human rights violations committed against María Inés Chinchilla Sandoval (hereinafter “Mrs. Chinchilla” or “Mrs. Chinchilla Sandoval”) resulting from multiple actions and omissions that culminated with her death while she was deprived of liberty and serving a prison sentence at the Women’s Orientation Center (Centro de Orientación Femenina- COF). The Commission determined that while Mrs. Chinchilla was in custody, the State had a special obligation to act as guarantor of her rights to life and personal integrity, yet it failed to conduct comprehensive diagnostic tests to assess her illnesses and to provide appropriate treatment based on her specific needs. The Commission affirmed that, given her diabetic condition, the State had failed in its obligation to ensure that Mrs. Chinchilla Sandoval received regular medical examinations, equipment and special medications, as well as constant monitoring of her diet and the required care. On the contrary, she had to supply her own medications and food, relying on her own means or on her family. As a result, her medical condition deteriorated resulting in the amputation of one of her legs, among other ailments. The Commission further argued that the State also had a special obligation to Mrs. Chinchilla as a disabled person, that it failed to provide her with adequate conditions of detention to ensure her rights – considering that she was confined to a wheelchair and had other special needs owing to her condition - and that on the day of her death, after falling from her wheelchair, she was not provided with appropriate medical care or emergency hospital treatment. It also alleged that, despite having received consistent and regular information regarding Mrs. Chinchilla’s health condition and its impact on her life and integrity, through her repeated requests for permission to attend medical appointments and four motions for early release, the judge enforcing the sentence did not provide judicial protection in relation to the various ailments suffered by the alleged victim. Finally, the Commission argued that the State failed to conduct an effective investigation into her death, violating the rights to judicial guarantees and judicial protection of her four children, namely: Marta María Gantenbein Chinchilla, Luz de María Juárez Chinchilla, Luis Mariano Juárez Chinchilla and another unidentified daughter. 2. Proceeding before the Commission. The proceeding before the Commission was as follows: a) Petition. On March 23, 2005, the non-governmental organization “Institute of Comparative Studies in Criminal Sciences of Guatemala,” through its legal representative Alejandro Rodríguez Barillas, filed the initial petition before the Commission (opened under No. 321/05). b) Report on Admissibility. – On November 13, 2009, the Commission approved Admissibility Report No. 136/09.2 In this report, the Commission “conclude[d] that the case is admissible and that it is competent to examine the claim submitted by the petitioners regarding the alleged violation of Articles 4, 5, 8 and 25 of the American Convention, in relation to Article 1(1) thereof”. Cf. IACHR, Report No. 136/09 Petition 321/05, Admissibility, María Inés Chinchilla Sandoval, Guatemala, November 13, 2009. Available at: http://www.cidh.oas.org/annualrep/2009sp/Guatemala321-05.sp.htm . 2 4