28
3.4
Fourth incidental motion “for extraordinary early release”
92.
On March 3, 2004, Ms. Chinchilla filed a motion for her “extraordinary early release.”254
Enclosed was a certification from the Chief of Unit One, Women's Surgery, San Juan de Dios Hospital stating
that she suffered from “terminal occlusive arteriosclerotic disease” with an 80 percent probability that her
left leg and would eventually be amputated. 255
93.
On March 17, 2004, the Deputy Director of the COF sent the Judge a “medical photocopy
issued by the Chief of Unit One, Women's Surgery, San Juan de Dios Hospital”256 and an “Opinion of the
Multidisciplinary Team,” according to which, Ms. Chinchilla “should be granted a special release because she
is unable to fend for herself and the Center does not have specialized staff to provide her a personal
service.”257
94.
At the request of the Judge, on March 15, 2004, the Public Prosecution Service conducted a
medical examination of Ms. Chinchilla and said that “she presents ... pain in her left hip when she moves, as
well as having a tumor.” He said, “She is not taking her medication”; however, “she does not have ... any
terminal illness.”258 For his part, the judiciary doctor said that Ms. Chinchilla was an “inmate who merited
medical treatment to address the symptoms of her diabetes and sequelae (terminal illness) at the prison
clinic and/or San Juan de Dios General Hospital.”259
95.
On March 30, 2004, Ms. Chinchilla presented various exhibits, including a psychological
report stating that “she presents depression” and “her mental and physical health ... have deteriorated
markedly.”260 A report from the Chief of the HSJD Medical Records Department was also added, 261 as was a
written communication offering a guarantor to cover her medicines and ensure that she went to all her
appointments in future.262 Also included was a certification from medical Dr. María de los Ángeles López,
who said that Ms. Chinchilla was in a “poor general state of health and nutrition,” entertained “thoughts of
suicide (desires to die)” and had been diagnosed with “decompensated arterial hypertension, decompensated
type II diabetes mellitus, chronic adult malnutrition, severe depression with a risk of suicide.”263 On April 2,
254
Appendix 2. Incidental Motions for Early Release. Brief of Ms. María Inés Chinchilla Sandoval to the Second Criminal
Enforcement Court, March 3, 2004, Page 1 et seq. Appendix 3 to the initial petition.
255
Appendix 2. Incidental Motions for Early Release. San Juan de Dios General Hospital. Medical Records Department.
Certification No. 2076/02 of November 10, 2002, Page 7. Appendix 3 to the initial petition.
256
Appendix 2. Incidental Motions for Early Release. Communication from the Deputy Director of the COF, March 17,
2004. Official letter No. 019-2004, Page 5. Appendix 3 to the initial petition.
257
Appendix 2. Incidental Motions for Early Release. Communication from the Multidisciplinary Team, March 17, 2004,
Page 6. Appendix 3 to the initial petition.
258
Appendix 2. Incidental Motions for Early Release. Communication from the Public Prosecution Service, March 24,
2004, DMF-0-652-2004 RERG/zqp, Page 6. Appendix 3 to the initial petition.
259
Appendix 2. Incidental Motions for Early Release. Communication from the medical examiner of March 24, 2004,
Page 12. Appendix 3 to the initial petition.
260
Appendix 2. Incidental Motions for Early Release. Women's Unit. Public Defenders’ Institute Psychological report.
February 17, 2004, Pages 18 to 20 Appendix 3 to the initial petition.
261
Appendix 2. Incidental Motions for Early Release. San Juan de Dios General Hospital. Medical Records Department.
February 5, 2004, Page 22. Appendix 3 to the initial petition.
262
Appendix 2. Incidental Motions for Early Release. Written communication from Ms. Ana María Sandoval de Valdes,
March 18, 2004. Page 24. Appendix 3 to the initial petition.
263
Appendix 2. Incidental Motions for Early Release. Written communication from Dr. María de los Ángeles López.
Physician. Medical license No 6,070. March 18, 2004, Page 35. Appendix 3 to the initial petition.