177. The State argued that “women with obstetric problems are treated based, above all, on
the rules prescribed by technical guidelines […] which do not establish the need for the
medical staff to report women with obstetric complications because obstetric complications
do not constitute an offense.” It also argued that “if a woman is admitted to a hospital with
signs of having given birth outside the hospital and is unable to explain the whereabouts of
the baby, it is perfectly reasonable for the doctor to inquire about its whereabouts and, if
he/she does not obtain a response, to inform the authorities in order to avoid any serious
consequences for the child’s health and life.”
178. In addition, the State argued that “Manuela received various types of medical care from
the public health system.” On admittance to the San Francisco Gotera National Hospital “the
patient was stabilized in keeping with the existing hospital protocol for the treatment of
deliveries of this nature and, subsequently, she remained in the hospital for seven more days
until she was discharged based on her recovery and medical evolution.” It indicated that
Manuela had also been treated in the Rosales National Hospital where she was diagnosed with
Hodgkin’s syndrome in 2009 and received nine cycles of chemotherapy between February 14,
2009, and April 29, 2010. Also, “on September 9, 2009, the Eastern Regional Criminological
Council decided that it was appropriate to transfer Manuela from the San Miguel Prison to the
Ilopango Women’s Rehabilitation Center to facilitate the medical care that her health
required.” Furthermore, it argued that the circumstances of Manuela’s death had been
“verified by the attending physician, and Manuela’s family had not filed a complaint requiring
a review of the medical treatment in her case or a determination of criminal responsibility for
the circumstances of her death.”
179. With regard to the allegations concerning torture, the State argued that “the alleged
use of handcuffs, shackles and restraints while she was in the hospital bed is derived from a
single statement made before notary public by Manuela’s father, who also affirmed that when
he arrived to see his daughter the guards took off the handcuffs, which renders his statement
contradictory; moreover, no other evidence exists to substantiate his statement incriminating
the State.” Regarding the use of handcuffs when Manuela received chemotherapy while she
was deprived of liberty, El Salvador indicated that the representatives’ arguments were
speculative and based on testimony that could not be considered “reliable to determine any
State responsibility.”
B.
Considerations of the Court
180. The Court has asserted repeatedly that the right to life is fundamental in the American
Convention because the realization of all the other rights depends on its safeguard. 290
Consequently, States have the obligation to ensure the creation of the conditions required for
its full exercise and enjoyment.291
181. In addition, the right to personal integrity is of such importance that the American
Convention protects it specifically by establishing, inter alia, the prohibition of torture or cruel,
inhuman or degrading treatment, and the impossibility of suspending this right under any
circumstance.292 Moreover, Article 5 also provides specific protection to anyone deprived of
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala, supra, para. 144, and Case of
Chinchilla Sandoval et al. v. Guatemala. Preliminary objection, merits, reparations and costs. Judgment of February
29, 2016. Series C No. 312, para. 166.
290
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala, supra, para. 144, and Case of
Chinchilla Sandoval et al. v. Guatemala, supra, para. 166.
291
Articles 5 and 27 of the American Convention. See also, Case of the “Juvenile Re-education Institute v.
Paraguay, supra, para. 157, and Case of Hernández v. Argentina. Preliminary objection, merits, reparations and
costs. Judgment of November 22, 2019. Series C No. 395, para. 55.
292
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