HSJD doctor and the doctors from the COF and the Public Prosecution Service agreed that Mrs.
Chinchilla’s illness was not terminal.166 However, the Judiciary’s medical examiner said, “the
diabetic symptoms that Mrs. Chinchilla Sandoval presents are those of a terminal illness,”
where terminal illness is defined as one which “at a given moment could ultimately result in
death.”
112.
The doctors also agreed that the illness could be treated in an ambulatory
manner; however: i) the doctor of the San Juan de Dios General Hospital added that he did
“not know if [her treatment] could [be provided at the COF] or not, since [he was] not familiar
with the Center and the medical care offered there […]”; ii) the Judiciary doctor mentioned
that “the Center […] has the capacity to deliver the treatment, provided that it is [allowed] in
or it is provided to her and also as long as there are no complications of any kind”, but he
“[did] not know who provides medication to Mrs. Chinchilla as [he was] not a staff doctor” at
the COF; iii) the COF doctor said that “she has her own treatment, as the correctional system
does not provide it; if the family continues to bring her treatment, and she receives
psychological support and rehabilitation therapy, she could continue her treatment at the
Center; that is, she could receive at home the same treatment that she receives at the
Center”; and, iv) the medical examiner of the Public Prosecution Service stated that at some
point the patient could suffer a decompensation “which would require hospital treatment” and
that “her life could be in danger if she does not receive the right medical treatment or if she
is not properly medicated.”
113.
The COF doctor added that “the inmate […] does not allow the nursing staff to
clean her wounds, only her cellmates.” He specified that “normally, the patient medicates
herself” and that “to die, [Mrs. Chinchilla] would have to develop ketoacidosis and blood sugar
levels above 600; someone whose blood sugar reaches 500 or 600 could still be taken to a
hospital emergency room in time.” Finally, he explained that “the Center has a vehicle for
transport, but before doing so a blood sugar level test is done, and if it is high, permission to
leave is granted.”
114.
On February 14, 2003, the judge dismissed the motion based on the following:
a) That the inmate was convicted and sentenced to a prison term of thirty years for the crime of
MURDER and so far has served SEVEN YEARS, SEVEN MONTHS and THREE DAYS of her total
prison sentence; b) Reports have been provided by experts and administrative authorities in the
exercise of their duties, for which reason the Judge considers these reports to be appropriate
and therefore grants to each and every one full evidentiary value in accordance with Article 186
of the Code of Criminal Procedure; c) In that order of ideas, based on the statements and reports
of said experts, [the Judge] decides that although the inmate suffers from diabetes mellitus, at
this time the illness cannot be considered terminal since according to the experts and their
reports, this person can receive ambulatory treatment at the Women´s Orientation Center, with
adequate supervision, in the same way that her family outside the prison could eventually do it.
Thus, the aforementioned inmate could die from another cause and not necessarily from the
disease in question. For all the foregoing reasons, the Judge concludes that the petitioner’s claim
must be denied. […] THEREFORE, based on its considerations and the laws cited, this Court
The physician at the “San Juan de Dios” General Hospital explained that “[…] diabetes cannot be considered
as a terminal illness but it may be incurable.” The COF doctor indicated that “[i]f [Mrs. Chinchilla] has adequate
treatment her disease can NOT [be considered terminal].” Finally, the medical examiner of the Public Prosecution
Service indicated that “[t]he diseases suffered by Mrs. Chinchilla Sandoval, diabetes mellitus and arterial
hypertension, are not considered terminal; however, the arteriosclerosis in her lower left limb is at an advanced
stage.”
166
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