3 12. The State held that Ms. Chinchilla was granted permission to go to medical appointments on a large number of occasions. It calculated that in a period of seven years of confinement, one year, five months and six days were given over to providing the inmate with access to health services, in other words, 622 days, while she only missed appointments on 11 days, “which amounts to 20% of the time.” The State also mentioned that Ms. Chinchilla was not cooperative when it came to providing her with medical care and a proper diet. It said that signs were found that confirmed rumors of a possible breakout and also that Ms. Chinchilla refused to be transferred to the prison infirmary (Hospitalito de Encamamiento) where she could be better cared for. The State claims that one hour and 45 minutes elapsed between Ms. Chinchilla's fall and her death and that during that time she received immediate attention from nurses at the COF. 13. As to the alleged violation of the right to life, the State said that Ms. Chinchilla enjoy benefits during her imprisonment, including the construction of a toilet and hand-washing basin in light of the fact that the inmate was in a wheelchair; study grants; opportunities to leave the prison to buy materials to make the crafts that she sold; and during the time that she was confined in the maternal wing she had her own room with a refrigerator and a television. As regards the right to humane treatment, it said that the claims of torture were without basis in fact or law. 14. With respect to the investigation of her death, it said that the Public Prosecution Service conducted investigative procedures that included an examination of the scene and the cadaver, it's removal, and having a report prepared by a pharmaceutical chemist. It pointed out that the motion to dismiss the criminal suit stemmed from the fact that the death was from natural causes and, therefore, the necessary elements for it to be classed as a crime were lacking. It said that there was a “lack of interest” on the part of the family in the case as they did not file a criminal complaint. Finally, it argued that the applications for early release were examined in accordance with due process and their refusal was fully justified. It said that the law was strictly adhered to at all times and that Ms. Chinchilla was represented by an attorney appointed by the Public Criminal Defender Service and paid for by the State of Guatemala. IV. ANALYSIS OF MERITS A. Determinations of fact 1. Background 15. Ms. María Inés Chinchilla Sandoval was arrested on May 13, 1995 and sentenced to 30 years in prison for the offenses of murder and aggravated larceny committed in a single act. Had she served her full sentence, she would have been released on May 29, 2025,2 and it was ordered that she serve her sentence at the Female Orientation Center. 3 16. Ms. Chinchilla had two children from her second marriage: a girl called Luz de María Juárez Chinchilla, fifth, and a boy named Luis Mariano Juárez Chinchilla, born on October 24, 1989. 4 In her first marriage she had had two daughters who had made homes of their own. When Ms. Chinchilla was deprived of her liberty, her two minor children remained in the care of their older sisters. 5 2 In addition, she would be eligible for time off for good behavior from November 29, 2014 and could apply for parole from November 30, 2017. Appendix 1. Certification of final decision 429-96. Judiciary. Final Decision 429-96. 7th official, December 3, 1996. Page 6. Appendix 8 to the initial petition 3 Appendix 1. Certification of final decision 429-96. Judiciary. Final Decision 429-96. 7th official, December 3, 1996. Page 6. Appendix 8 to the initial petition 4 Appendix 2. Incidental Motions for Early Release. Public Criminal Defender Institute Social Services Unit Socioeconomic report April 6, 2004, Pages 41-47. Appendix 3 to the initial petition. 5 Appendix 2. Incidental Motions for Early Release. Public Criminal Defender Institute Social Services Unit Socioeconomic report April 6, 2004, Pages 41-47. Appendix 3 to the initial petition.