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 36

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