81.
On August 7, 2003, the medical examiner of the Judiciary reported that he had
visited the COF to perform a medical-legal examination of Mrs. Chinchilla and found that the
“inmate [was] well known for her problems of: a) diabetes mellitus, b) arterial hypertension,
c) fracture of the right femur, d) occlusive disease of the lower left limb, e) cervical cancer
and f) diabetic retinopathy.” The report said that the inmate “is in a wheelchair, with sequelae
from her diabetes and her health is in marked decline.”120
82.
Subsequently, appointments were authorized for September 11, 17 and 30;
October 8, 13 and 31, 2003. As for a request for appointments on September 2 and 17, the
social worker’s report was not submitted until September 3, 2003. The judge advised that in
future all requests “must be submitted at least eight days in advance […] otherwise they will
be refused.”121
83.
On July 26 and September 20, 2003, the COF doctor asked the Director of the
COF to use her good offices to have Mrs. Chinchilla transferred to the Jurisdictional Hospital
to assess her loss of sight and to the Roosevelt Hospital for an examination and treatment of
her diabetes, metabolic ailments and post-diabetic blindness, adding that “this patient is
currently being treated with insulin.”122
84.
On September 23 and October 2, 2003, the judge requested a medical
examination to be performed on Mrs. Chinchilla.123 The report indicated that she was known
to “suffer from long-term diabetes mellitus associated with arterial hypertension, diabetic
retinopathy, occlusive disease of the lower left limb, fracture of the lower right femur, and
cancer of the cervix,” and that in the evaluation “she presents a gradual loss of sight” and
“she moves around in a wheelchair.” The doctor suggested medical treatment in the prison’s
clinic. On October 16, 2003, the judge ordered that the appropriate person or persons “provide
medical treatment consistent with her diabetic condition.” 124
85.
On October 9, 2003, the duty nurse at the COF informed the prison Director and
Deputy Director that on that day she had gone down to the maternal block to administer a
dose of insulin to Mrs. Chinchilla but that “she did not open the door” and said “that she [was]
not to be given insulin,” and that she “would send for the medication.” The nurse said that the
Deputy Director of the COF ordered her to accompany her downstairs to administer the
inmate´s medication and that “she only allowed the director to enter her room’’ and that she
gave her “the syringe with insulin” from outside “so that [the director] could administer the
medication,” as well as other pills, “since she does not want [the duty nurse] to give her
anything.” The nurse explained that she was fulfilling her “duties as a nurse” and that if the
Cf. Certification of Enforcement 429-96. Judiciary. Of. 7 Report No. 30-2003 from the medical examiner to
the Judge of the Second Criminal Enforcement Court of August 7, 2003 (evidence file, folio 708).
120
Cf. Certification of Enforcement 429-96. Judiciary. Of. 7. Letter of the Director of the COF of August 28,
2003; Of. 7 Report of the social worker of September 3, 2003; and Communication of the Second Criminal
Enforcement Court a María Inés Chinchilla Sandoval of September 11, 2003 (evidence file, folios 714, 718 and 1228).
121
Cf. Women’s Orientation Center. Official letter 63/2003. Communications from the doctor to the acting
Director of the COF of July 26, 2003, and September 20, 2003 (evidence file, folios 698 and 1221).
122
Cf. Certification of Enforcement 429-96. Judiciary. Of. 7. Communications from the Judge of the Second
Criminal Enforcement Court to the Head of the Forensic Medicine Service of September 23 and October 2, 2003
(evidence file, folios 1235 and 1243);
123
Cf. Certification of Enforcement 429-96. Judiciary. Of. 7. Communication from the medical examiner to the
Judge of the Second Criminal Enforcement Court of October 14, 2003; and Decision of the Judge of the Second
Criminal Enforcement Court of October 16, 2003 (evidence file, folios 1245 and 1246).
124
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