to provide medical care or the provision of deficient or negligent medical care is a violation of the obligation to
protect the right to life of individuals deprived of liberty.141
142.
Regarding the duty to investigate the deaths of people who die in custody as a result of
deficient medical care and with no indications of violence, the Inter-American Court has stated that:
Specifically, as a particularly urgent obligation and an element that is fundamental for
guaranteeing the right to life,142 the Court has established that when investigating the death
of an individual who died in State custody, the corresponding authorities have a duty to launch
an ex officio investigation without delay that is serious, independent, impartial, and
effective143—that is, with due diligence144—and supported “by all legal measures available,
aimed at determining the truth.”145 That investigation must be carried out by the State as a
juridical duty and not as a simple formality doomed from the start to failure or as a mere
processing of private interests that depends on the procedural initiative of victims or their
relatives or the submission of evidentiary elements by private parties.146 Essentially, the State
has an obligation to provide an immediate, satisfactory, and convincing explanation of what
happened to an individual who was in its custody.147
In this case, the Court notes that there is no indication of violence in the death of the alleged
victim (nor was violence alleged). However, this does not minimize the State’s duty to conduct
an official investigation given her situation of being deprived of liberty.148
143.
In this case, the Commission notes that there is no indication that the State performed a
thorough examination of the alleged victim from the moment she was deprived of liberty. The Commission
emphatically underscores that Manuela's medical history shows that starting in 2007, Manuela had a mass on
her neck, meaning that an initial medical examination on her intake to the prison would have enabled a timely
diagnosis of her serious illness—an illness from which it can be inferred she was already suffering—and made
it possible to provide her with the medical care that she needed at that time.
144.
Precisely as a result of this initial omission, it was not until 2009—that is, one year after the
alleged victim entered State custody—that she was diagnosed with Hodgkin's lymphoma. At that time, it was
noted that she had "a mass on the left side of her neck for more than a year," as well as that she had lost more
than 30 pounds in three months. Regarding this, the IACHR observes that there is no record of regular and
systemic treatment prior to this diagnosis, which demonstrates that this diagnosis and subsequent treatments
Inter-American Court, Case of Chinchilla Sandoval v. Guatemala. Preliminary Objections, Merits, Reparations and Costs. Judgment of
February 29, 2016. Series C No. 312, párr.189.
142 Inter-American Court, Case of Chinchilla Sandoval v. Guatemala. Preliminary Objections, Merits, Reparations and Costs. Judgment of
February 29, 2016. Series C No. 312, párr.257. Citing. Cf. Case of Zambrano Vélez et al. v. Ecuador, supra, para. 88; and Case of Cruz Sánchez
et al. v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of April 17, 2015. Series C No. 292, para. 348.
143 Inter-American Court, Case of Chinchilla Sandoval v. Guatemala. Preliminary Objections, Merits, Reparations and Costs. Judgment of
February 29, 2016. Series C No. 312, párr.257. Citing. Cf. Case of Vera Vera et al. v. Ecuador, supra, para. 87; and Case of Quispialaya
Vilcapoma v. Peru, supra, para. 162.
144 Inter-American Court, Case of Chinchilla Sandoval v. Guatemala. Preliminary Objections, Merits, Reparations and Costs. Judgment of
February 29, 2016. Series C No. 312, párr.257. Citing. Cf. Case of the Serrano Cruz Brothers v. El Salvador. Merits, Reparations and Costs.
Judgment of March 1, 2005. Series C No. 120, para. 83; and Case of the Landaeta Mejías Brothers et al. v. Venezuela. Preliminary Objections,
Merits, Reparations and Costs. Judgment dated August 27, 2014. Series C No. 281, para. 217.
145 Inter-American Court, Case of Chinchilla Sandoval v. Guatemala. Preliminary Objections, Merits, Reparations and Costs. Judgment of
February 29, 2016. Series C No. 312, párr.257. Citing. Case of Velásquez Rodríguez, Merits, supra, para. 177; and Case of Quispialaya
Vilcapoma v. Peru, supra, para. 162.
146 Inter-American Court, Case of Chinchilla Sandoval v. Guatemala. Preliminary Objections, Merits, Reparations and Costs. Judgment of
February 29, 2016. Series C No. 312, párr.257. Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 177; and Case of Quispialaya
Vilcapoma v. Peru, supra, para. 131 and 161.
147 Inter-American Court, Case of Chinchilla Sandoval v. Guatemala. Preliminary Objections, Merits, Reparations and Costs. Judgment of
February 29, 2016. Series C No. 312, párr.257. Cf. Case of Juan Humberto Sánchez v. Honduras. Preliminary Objections, Merits, Reparations
and Costs. Judgment of June 7, 2003. Series C No. 99, para. 111, and Case of Vera Vera et al. v. Ecuador, supra, para. 88. Also see, mutatis
mutandi, Case of García Ibarra et al. v. Ecuador, supra, paras. 151 and 152.
148 Inter-American Court, Case of Chinchilla Sandoval v. Guatemala. Preliminary Objections, Merits, Reparations and Costs. Judgment of
February 29, 2016. Series C No. 312, párr.258.
141
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