2 received further information from the petitioners on October 27, 2010. That communication was duly forwarded to the State. Likewise, the IACHR received observations from the State on March 24, 2010. That communication was duly forwarded to the petitioners. On January 24, the IACHR requested to the State copy of the preliminary investigation related to the death of Ms. Chinchilla. The State provided that information on March 14, 2014. III. POSITIONS OF THE PARTIES ON MERITS A. The Petitioners 6. The petition states that Maria Ines Chinchilla Sandoval was sentenced to 30 years in prison for the crimes of aggravated larceny and murder. She was ordered to serve her sentence at the Female Orientation Center (COF). The petitioner says that because of her multiple illnesses and ailments, which worsened during her internment at the COF, Ms. Chinchilla had to be hospitalized and taken to hospital emergency rooms on several occasions. 7. The petitioner says that on May 25, 2004, Ms. Chinchilla was moving around in a wheelchair when she fell down a step at approximately 8:30 a.m. He says that although the presence of the chief of medical services of the corrections system was requested, he did not come and the person who provided care was a nurse, who found Ms. Chinchilla’s blood pressure to be very high and recommended that she be taken to hospital. However, she died at around 11: 30 a.m. without having been transferred. 8. The details regarding the facts and procedure in the investigation of Ms. Chinchilla Sandoval's death will be dealt with in the Commission's analysis of the facts based on the information supplied by both parties. This section summarizes the main arguments advanced by the petitioners with respect to the rights recognized in the Convention. 9. As regards the right to life, the petitioner says that Ms. Chinchilla did not receive medication, treatment, or an adequate diet at the COF, which led her diabetes to worsen. Therefore, the State violated its duty to ensure her right to life. With respect to the right to humane treatment, the petitioner mentions that the lack of medical care constituted a form of cruel, inhuman, and degrading treatment which, coupled with the mistreatment arising from her worsening illness, should be regarded as torture. He says that for Ms. Chinchilla to receive permission from a judge to leave the prison and go to the hospital for attention entailed a lengthy procedure and that as a result she missed a number of appointments, either because she was not given permission or because there was no way to take her to hospital. 10. As for the right to a fair trial and judicial protection, he says that the investigation undertaken by the Public Prosecution Service (Ministerio Público) into Ms. Chinchilla’s death did nothing more than request that the case be dismissed on the ground that there was no criminal act to prosecute since the death was from natural causes. He says that the next of kin were never advised about the investigation procedures, nor were they offered assistance so as to enable them to institute legal proceedings. In addition, he says that the fact that the domestic remedies were not effective violated the right to justice within a reasonable time. He argues that the Public Prosecution Service had to investigate and determine whether or not the death was due to medical negligence, which it did not do. Finally, the petitioner said that the motions for release that were filed were turned down without taking into account Ms. Chinchilla’s health. B. The State 11. The State said that Mrs. Chinchilla was found guilty of the crimes of “aggravated larceny and murder” and that her illnesses were not attributable to it. It mentioned that in 2004 and 2005, Guatemala City had the highest mortality rate for diabetes mellitus, with females being at greater risk. It said that in 2004 there were 367 reported deaths from the disease, and 553 in 2005, a 51% jump in the mortality rate.

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