That same day the judge gave permission for Mrs. Chinchilla to leave the prison to attend the
Service Clinic “Uno cm.”93
64.
On May 25, 2001, the HSJD certified that Mrs. Chinchilla had been “receiving
treatment [at this] institution since March 1997 for type II diabetes mellitus” and that she had
been readmitted that year with “decompensated diabetes and an abscess on the big toe of
her left foot.” She was diagnosed with “type II diabetes mellitus” and “urethrocele.” 94
65.
On May 28, 2001, Mrs. Chinchilla was taken to the HSJD in an emergency. The
doctor in charge reported that “a cleansing and debriding procedure had to be performed on
her right foot,” that she had an “infection with three types of bacteria,” and that “progress
has been very slow.”95 Mrs. Chinchilla remained in hospital until August 8, 2001.” 96
66.
Subsequently, the judge gave approval for Mrs. Chinchilla to attend medical
appointments on August 15, 23 and 29; September 3, 6, 10, 17, 24, 25, and 28, 2001;
October 4, 24, 15 and 31; November 13 and 26; and December 11, 2001. 97 However, the
judge refused permission for her to attend an appointment on October 29, because her
appointment card was not enclosed.98
67.
On November 14, 2001, Mrs. Chinchilla asked the judge for authorization to
attend medical appointments on November 20, 25 and 26, 2001. On November 19, 2001, the
judge asked the social worker to confirm the veracity of the appointments. On November 20,
2001, having failed to elicit a response from the judge, the Director of the COF wrote to the
judge saying, “We beg your authorization for [her] to go to the hospital emergency room, as
she has a cancerous sore on her foot that needs to be cleaned constantly.” On November 20,
2001, the judge authorized the visit. That same day, the social worker submitted the report
requested of her, stating that Mrs. Chinchilla “may be taken to laboratory on the 26 th of this
month […] and there is no record of the appointment on the 25 th”; she has another
appointment on December 11. Accordingly, the judge gave permission for Mrs. Chinchilla to
attend the verified appointments. On November 29, 2001, the judge asked the social worker
to confirm Mrs. Chinchilla’s appointment for December 20. In response, on December 4, the
social worker indicated that there was no record of it. 99
Cf. Certification of Enforcement 429-96. Brief on behalf of Mrs. María Inés Chinchilla to the Judge of the
Second Criminal Enforcement Court, dated March 5, 2001; and Judiciary. Of. 7 Decision of the Second Criminal
Enforcement Court of March 5, 2001 (evidence file, folios 416 to 418).
93
Cf. Incidental Motions for Early Release. Republic of Guatemala Judiciary. Second Criminal Enforcement
Court. Of. 7°. San Juan de Dios General Hospital. Certification No. 878/01 of May 25, 2001 (evidence file, folio 957).
94
Cf. Certification of Enforcement 429-96. Judiciary. Of. 7 Decision of the Second Criminal Enforcement Court
of May 28, 2001; and Official letter No. 304-2, 001 DR, REF/MEDICAL SERVICES, Communication of the Medical
Services Coordinator of the Prison System of July 19, 2001 (evidence file, folios 444 and 449).
95
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).
96
Cf. Certification of Enforcement 429-96. Judiciary. Communication from the Second Criminal Enforcement
Court to the Director General of the National Civil Police of September 17, 2001; and Of. 7. Decisions of the Second
Criminal Enforcement Court of August 13 to November 21, 2001 (evidence file, folios 453 a 506).
97
Cf. Certification of Enforcement 429-96. Judiciary. Communication of the Director of the COF of October 23,
2001; and Of. 7. Decision of the Second Criminal Enforcement Court of October 24, 2001 (evidence file, folios 486
and 487).
98
Cf. Certification of Enforcement 429-96. Judiciary. Communication of the Director of the COF of November
14, 2001; Of. 7. Decision of the Second Criminal Enforcement Court of November 19, 2001; Communication from the
COF Director dated November 20, 2001; Of. 7. Decision of the Second Criminal Enforcement Court of November 20,
2001; Communication of the social worker to the Second Criminal Enforcement Court of November 20, 2001; Of. 7.
Decision of the Second Criminal Enforcement Court of November 21, 2001; Communication from the Second Criminal
99
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