4
17.
At the COF Ms. Chinchilla did handicrafts and paintings, and sold coffee and tea. The costs of
caring for her two minor children were covered by the maternal grandmother and their two older sisters. Ms.
Chinchilla also owned two apartments, one of which was let. 6 Ms. Chinchilla's mother bought her the
provisions that she needed.7
2.
Ms. Chinchilla's health during her detention at the COF and the permission that she
was granted to go to medical appointments
18.
Ms. Chinchilla had several ailments and illnesses for which she had to request authorization
from the Judge of the Second Criminal Enforcement Court (hereinafter “the Judge”) to go to hospitals for
appointments. As regards the procedure for deciding if such permission should be granted, the Judge applied
circular 16-02 from the Secretariat of the Supreme Court of Justice. 8 The state of Guatemala did not provide
this document. However, in a response to one of the requests, the Judge mentioned that the social worker had
to corroborate the appointment at the hospital and “only then would any permission to leave the prison
because of illness be granted.”9
2.1
1997
19.
Ms. Chinchilla's health records date from 1997, when she was 43 years old. 10 She was first
seen by a doctor during an external consultation at San Juan de Dios Hospital (hereinafter “HSJD”) on March
4, 1997, after being diagnosed with lower-extremity venous insufficiency, with a history of a previous
varicose vein removal procedure on her left leg. In May 1997 Ms. Chinchilla was diagnosed with an
“ANTERIOR VAGINAL BULGE;” in June and July that year she was seen for a “diagnosis of COMPENSATED
DIABETES MELLITUS” and in July she was “seen again for a PARAURETHRAL MASS.”11 She also manifested
dysuria and the sensation of having a “mass” in the vaginal region and “stage I-II uterine prolapse.”12 She was
also reported to have “tooth decay, missing teeth, loose teeth, periodontitis.”13
20.
In 1997 the Judge granted Ms. Chinchilla permission to keep medical appointments on the
following dates: March 25, 1997;14 May 8, 1997;15 May 20 and May 27, 1997;16 May 27, 1997;17 June 5,
6
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.
7
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.
8
Appendix 1. Certification of final decision 429-96. Judiciary. Final Decision No. 429-96 OF- 7º Communication from
the Second Criminal Enforcement Court to María Inés Chinchilla Sandoval, September 11, 2003. Page 683. Appendix 8 to the
initial petition
9
Appendix 1. Certification of final decision 429-96. Judiciary. Final Decision No. 429-96 OF- 7º Communication from
the Second Criminal Enforcement Court to María Inés Chinchilla Sandoval, September 11, 2003. Page 683. Appendix 8 to the
initial petition
10
Appendix 1. San Juan de Dios General Hospital, Official Letter No. 375, September 22, 1997. Page 190. Appendix 8
to the initial petition
11
Appendix 1. San Juan de Dios General Hospital, Official Letter No. 375, September 22, 1997. Page 190. Appendix 8
to the initial petition
12
Appendix 1. Certification of final decision 429-96. Official Letter No, 006-97 Communication from the COF Duty
Physician to the Deputy Director of the CODF, February 8, 2011. Page 51. Appendix 8 to the initial petition
13
Appendix 1. Certification of final decision 429-96. Female Orientation Center. Communication from the Center’s
dentist, dated 91 [TR: sic] June, 1997 Page 91. Appendix 8 to the initial petition
14
Appendix 1. Certification of final decision 429-96. Judiciary. Final Decision No. 429-96 Of. 7. Decision of the Second
Criminal Enforcement Court of March 18, 1997. Page 63. Appendix 8 to the initial petition