21
The inmate needs someone very special to be with her 24 hours a day and attend to her
personally because if she is taken up to the Infirmary she would have to be helped with all
her personal and hygiene needs and the care that a special patient requires, as well as with
administering her medication and everything else that she needs, in addition to giving her
NPH insulin injections in the mornings and afternoons, as the doctor orders. She also needs a
special diet and help with her aggressive mood swings and behavior, as well as special care
when her condition becomes critical because of generalized edema and difficulty breathing.
It is impossible for us to provide the special care that this inmate needs because we have to
tend to the other 146 inmates. ... The inmate needs to be in stable surroundings where she
can receive the emotional support and physical therapy that they prescribe for her. Also ...
she refuses to sign any paper with the care and orders given to us in writing ... in order to
attest to the fact that she is receiving care and we are carrying out our written
instructions.207
66.
On April 17, 2004, the COF doctor informed the Medical Services Coordinator that “the
patient in question presents epigastric hardness that impedes her movement, especially deflexion
movements (crouching) and flexion movements (putting her head back). Therefore, I believe it necessary to
do an ultrasound on her to screen for any significant pathology.” He said that he had requested “his
intervention to enable the suggested procedure to be performed on the inmate.”208
3.
Incidental motions for early release filed by Ms. Chinchilla
67.
During the time that she was deprived of liberty, Ms. Chinchilla filed a number of differently
denominated incidental motions: the first, “early release under special remission of sentences”; the second,
“early release due to terminal illness”; the third, “special release due to terminal illness”; and the fourth,
“early release under early remission.”
68.
The above incidental motions were presented under Articles 492 of the Code of Criminal
Procedure,209 139 of the Judiciary Law,210 30 of Decree 56-69 (Remission of Sentences Law).211 The Judge
also found that Article 7(c) of the aforementioned decree was applicable for ruling on the last incidental
motion.212 The following is an account of the incidental motions presented by Ms. Chinchilla.
207
Appendix 9. Judiciary Female Orientation Center (COF). Fraijanes. Written communication from the COF duty nurse
to the Director of Comprehensive Healthcare. April 9, 2004. Page 9. Appendix 8 to the State’s brief of July 13, 2010.
208
Appendix 10. Judiciary Female Orientation Center (COF). Document No. 120/CM Dr. RJQ Communication of the
doctor of the Center to the Coordinator of Medial Services of April 17, 1984. Appendix to the petitioner’s communication of
August 9, 2006 received on August 14, 2006.
209
“While serving their sentence, the convicted person shall be entitled to exercise all the rights and powers that the
criminal and correctional laws, and their implementing regulations, grant them, and may present to the enforcement judge
such observations as they deem appropriate.” Available at: http://www.oas.org/juridico/MLA/sp/gtm/sp_gtm-int-text-cpp.pdf
210
“If the incidental motion concerns matters of law, once the time limit for the hearing passes, the judge shall order
the hearing of such evidence as the parties may offer upon presenting the motion or upon holding the hearing, which shall be
examined in not more than two hearings held within the following 10 business days.”
Available at:
https://www.oas.org/juridico/mla/sp/gtm/sp_gtm-int-text-oj.doc
211
“[a]ll convicted inmates may benefit from this law, provided that they meet the requirements set down therein,
and in order to begin redeeming the sentence it is necessary for the Central Prison's Board or Regional Prisons Boards to grant
approval following classification in accordance with the law.”
212
In addition to the powers vested in him by the Constitution, other laws, and regulations, the President of the
Judiciary shall have authority to:[…]
c) Agree to and set special remissions for acts of altruism, heroism, or any other humanitarian act, at the
recommendation of the Central Prisons Boards, setting out the reasons justifying such remissions. Article 7 of the
Decree 56-69 (Remission of Sentences Law), of October 15, 1969.