75.
On January 2, 2003, the duty nurse informed the Medical Coordinator of the Prison
System that Mrs. Chinchilla “refuses to have her wounds cleaned by [her], as she says that
the inmate Gina Samayoa is cleaning them and that she can continue doing her the favor.”
The nurse reported that “the lady is very negative” and explained that “on December 31,
Marlene Lavagnino visited the Center and was informed of the problem, and went down to
block “C” to talk to the inmate, but she continued with her negative attitude.” She said that
“the lady is very difficult and [she did] not know how to prevent the infection in those wounds
because of the bad practice employed by the inmate who cleans them.” 113
76.
According to the information available, Mrs. Chinchilla was granted permission to
attend medical appointments on January 8, 15, 29 and 31; March 28; and April 4, 14 and 23,
2003.114
77.
On March 14, 2003, the duty nurse at the COF reported that Mrs. Chinchilla’s
wounds were not cleaned because “she refused, [saying] that the inmate Gina Samayoa,
housed in the same block, was doing it.” She said that she “spoke to her to make her aware
of the need for a nurse to do the cleaning of the wound.” She said that “this inmate will not
see reason”, and that she became negative, “telling her that she wanted to be left in peace.”
She said that “for the moment, she does not need cleaning because the stump has already
dried and the area is clean.”115
78.
According to official letters dated April 4 and June 19, 2003, the COF doctor stated
that, given her physical impediment and state of health, there was no objection to Mrs.
Chinchilla receiving her visit in the maternal wing where she lived within the prison.
79.
Mrs. Chinchilla was taken to the HSJD in an emergency on May 4, 2003, after
falling and breaking her left hip, 116 which required her to have surgery to perform a “hip
osteosynthesis.” She remained in hospital until May 15, 2003.117
80.
The judge authorized her attendance at medical appointments on May 29; June
12, 19, 26 and 27; and August 1, 14 and 17.118 A petition was presented on August 4, 2003,
requesting permission to attend a medical appointment on August 8; however, the social
worker only presented her report on August 11,119 after the date of Mrs. Chinchilla’s
appointment.
Cf. Women’s Orientation Center. Communication from the duty nurse to the Medical Coordinator of the Prison
System, of January 2, 2003 (evidence file, folio 723).
113
Cf. Certification of Enforcement 429-96. Judiciary. Of. 7. Decisions of the Second Criminal Enforcement Court
of January 2-April 22, 2003; and Communication from the Judge of the Second Criminal Enforcement Court to the
Director of the COF of January 30, 2003 (evidence file, folios 608 to 664).
114
Cf. Women’s Orientation Center. Communication from the duty nurse to the Coordinator of Medical Services.
March 14, 2003 (evidence file, folio 725).
115
Cf. Certification of Enforcement 429-96. Judiciary. Of. 7. Brief of the Deputy Director of the COF of May 5,
2003 (evidence file, folio 668).
116
Cf. Incidental Motions for Early Release. San Juan de Dios General Hospital. Medical Records Department.
Certification 447/04. March 2, 2004 (evidence file, folio 767).
117
Cf. Certification of Enforcement 429-96. Judiciary. Of. 7. Decisions of the Second Criminal Enforcement Court
of May 27 to August 13, 2003 (evidence file, folios 678 to 710).
118
Cf. Certification of Enforcement 429-96. Judiciary. Of. 7. Women’s Orientation Center. Brief of the Director
of the COF of August 4, 2003; and Communication from the social worker to the Second Criminal Enforcement Court,
August 11, 2003 (evidence file, folios 705 and 709).
119
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