3. Violation of the judicial guarantees and the right to judicial protection recognized in articles
8(1) and 25 of the American Convention, in conjunction with articles 1(1) and 2 thereof, to the
detriment of Mrs. María Inés Chinchilla Sandoval and her next of kin.
The Commission is also asking the Court to order the following reparations:
1. Provide full redress for the human rights violations declared in the report, to include both the
material and moral aspects.
2. Conduct and complete a thorough, impartial, effective and swift investigation to establish the
blame –criminal and otherwise- for the violations established in the report.
3. Adopt measures of non-repetition, to include the following: i) the guarantee of adequate and
prompt access to medical care in the Centro de Orientación Femenino; ii) the guarantee of
adequate prison conditions for disabled persons incarcerated in the Centro de Orientación
Femenino, consistent with the standards described in the present report; iii) institutional
strengthening and training of judicial authorities charged with enforcement of sentences, to
ensure that they effectively perform their role as guarantors of the rights of persons deprived of
liberty; and iv) regulation of a rapid and effective judicial remedy that can be used to secure
protection of the rights to life and to humane treatment when the health needs of inmates so
require.
Apart from the need to obtain justice owing to the failure to comply with the recommendations
made in the merits report, the Commission believes that the case raises questions of inter-America ordre
public. Specifically, the case will give the Court an opportunity to develop and elaborate upon its case law
on the subject of the rights to life, to personal integrity and to judicial protection enjoyed by persons
deprived of their liberty who require specific medical treatment because of the particular nature of their
illness and/or who have a disability. This case will also give the Court an opportunity to build upon its case
law on the subject of the standards of due diligence required when investigating cases in which a person
died while in the custody of the State because of a lack of proper medical attention, and regarding the
extent of the duty to punish health professionals, court authorities and prison officials for failure to provide
proper medical care and to ensure adequate detention conditions.
Because the issues that this case raises have a significant impact on inter-American ordre public, in
keeping with Article 35(1)(f) of the Rules of Procedure of the Inter-American Court, the Inter-American
Commission will offer the following statements by the following experts:
An expert, whose name will be reported shortly, who will make a statement on what the extent
and nature of the States’ obligations are with respect to the health of persons deprived of liberty, based on
international human rights law. Specifically, the expert will focus on the States’ obligations in the case of