and that she died as a result of a previous degenerative disease she suffered from. It further
asserts that Ms. Chinchilla Sandoval was provided health care services, medicines and
hospitalization, since from March 1997 until March 2004 she was authorized to attend medical
appointments on a total of 121 days, she was interned 8 times in a period of 401 days; which
means that she was provided health care services during 1 year, 5 months and 6 days out of the
7 years of her detention. Furthermore, the State submitted information on the reasons why the
medical appointments that were authorized on behalf of Ms. Chinchilla ended up not taking
place. In addition, the State argues that the available medical reports did not prescribe
hospitalization.
23.The State also asserts that it carried out a series of actions on behalf of Ms. Chinchilla
Sandoval, namely:
· Constructing a special toilet and sink for the handicapped;
· Granting her a scholarship for obtaining a high school degree at the Instituto Guillermo
Putzeys Álvarez, which she successfully obtained in 1999, after having taken classes
Monday to Friday from January to October 1999;
· Authorizing her to study Management at the Universidad Francisco Marroquín, from
February to June 2000, which she could not continue due to health-related issues;
·Authorizing her to leave the COF in order to buy materials for her craft making;
· Authorizing her to be imprisoned in a special area designed for mothers (área maternal)
with a private room, and approving the purchase of a refrigerator and a television as a
means for making her imprisonment more comfortable.
24.With regard to the petitions for early release lodged by the alleged victim, the State
explained the reasons why those petitions had been denied. The State pointed out that on
February 14, 2003, the Second Sentence Enforcement Court dismissed the petition because,
based on the expert testimony and on the medical records, the alleged victim was not
terminally ill. Likewise, the State pointed out that in a decision issued on August 29, 2003,the
judge dismissed the second petition lodged by the alleged victim based on the fact that, in the
opinion of the experts of the Judicial Body, of the Prosecutors Office and of the attending
physician at the San Juan de Dios Hospital, the illness afflicting the alleged victim was not in its
terminal stage. On September 25, 2003, the State added, the Fourth Chamber of the Court of
Appeals confirmed the decision of the Sentence Enforcement Court and stated that the experts
had categorically asserted that inmate María Inés Chinchilla Sandoval was not in imminent
danger of dying. Lastly, the State pointed out that on April 29, 2004, the judge rejected another
petition lodged by the inmate arguing that, as Article 7(c) of the Law of Reduction of Sentences
established, “it is essential for the inmate to have carried out altruistic, heroic or acts with
humanitarian impact,” something that had not been demonstrated in this case. The State also
indicated that the alleged victim had lodged a petition based on those grounds, but that the
petition was dismissed due to the fact that the petitioner had died on May 25, 2004, and there
was no need for a ruling by the court.
25.With regard to the events that unfolded on May 25, 2004, the State points out that the
nurse on duty had treated the alleged victim after her fall at 9:20 a.m., giving her the
appropriate medication and notifying the coordinator of medical care. The State asserts that at
11:05 a.m., inmates at the Female Orientation Center had informed the nurse that Mrs.
Chinchilla Sandoval could not breathe. The State points out that when the alleged victim was
evaluated she was found to have no pulse, she was not breathing, her pupils were dilated and
did not react to light and, therefore, cardio pulmonary resuscitation (CPR) was performed but
to no avail, and that she was pronounced dead at 11:25 a.m. Firefighters were called in and
they also attempted to resuscitate the alleged victim but were unsuccessful.
26.The State argues that with regard to the investigation into the death of Mrs. Chinchilla
Sandoval, the Public Ministry followed every investigative procedure step by step and
concluded that the elements necessary to categorize the death of Mrs. Chinchilla Sandoval as a
crime were not present, since the autopsy clearly established that the death of the alleged
victim was due to “natural causes and that there was no foul play involved.” Based on the
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