around in a “wheelchair,” which was a problem for her “because of the very confined spaces”
in the prison and that “the patient’s state of mind and depression are of grave concern.” 206
134.
On April 20, 2004, the judge asked the Central Prisons Board to issue an early
release report.207
135.
The hearing was scheduled for April 21, 2004. 208 On April 16, 2004, Mrs. Chinchilla
requested that Dr. Luisa Amelia Morán García, the COF duty doctor, 209 be summoned to give
evidence at the hearing. The judge confirmed receipt of the brief on April 19, 2004, and
instructed that a summons be sent to the doctor so that she could submit a medical report. 210
The evidence hearing was held on April 21, 2004.211
136.
The first to be questioned was the medical examiner of the Judiciary, who said
that Mrs. Chinchilla had told him “that she does not receive treatment.” However, he answered
“no” when asked if she was in danger of dying in the short term, but added that if she did not
follow “an adequate diet and [did not] receive her treatment [Mrs. Chinchilla was] in imminent
danger of death.” He said that “the endocrinologist is the person who would have to decide
the type of treatment, and the quantities or doses, and the people to administer it would be
the prison’s nursing staff”, but he did “not [know] whether or not the Center ha[d] the
necessary medicines” and that “prisons do not have teams of specialists.” He added that “if
[the patient] were to enter into a state of diabetic ketoacidosis and a secondary coma she
would have the chance to receive help, but the time taken to transfer her to a facility that
provides specialized care would be critical.” He specified that “…there is nothing with respect
to cancer, only mention of a [tumor] or cervical lesion and it is Mrs. Chinchilla who claims to
have cancer of the cervix.” Finally, when asked what sort of life prospects Mrs. Chinchilla could
have “as a prisoner if the Women´s Orientation Center at Fraijanes did not have an
endocrinologist”, he answered, “her quality of life will be poor.”212
137.
The Public Prosecution Service medical examiner stated that Mrs. Chinchilla’s
ailments “…are not considered a terminal illness” and “…she could be prescribed ambulatory
medical treatment.” He said that “if the patient is not treated with drugs, she tends to suffer
complications that at some point [could be] life-threatening” and that if she were to have a
ketoacidosis crisis “she must receive medical treatment as soon as possible.” He said that he
was not “familiar with the facilities [at the COF] in terms of health care and professional staff
[…] in the event of a complication” and that he was “not familiar with the specific medical care
that the patient [illegible] at the prison… [and] the written records on the care that the patient
Cf. Incidental Motions for Early Release. Public Criminal Defense Institute. Social Work Unit. Socioeconomic
Report of November 14, 2002 (evidence file, folios 812-818).
206
Cf. Incidental Motions for Early Release. Decision of the Judge of the Second Criminal Enforcement Court of
April 20, 2004 (evidence file, folio 858).
207
Cf. Incidental Motions for Early Release. Decision of the Judge of the Second Criminal Enforcement Court,
April 16, 2004 (evidence file, folio 827).
208
Cf. Incidental Motions for Early Release. Public Criminal Defense Institute. Brief on behalf of Mrs. María Inés
Chinchilla Sandoval of April 16, 2004 (evidence file, folio 828).
209
Cf. Incidental Motions for Early Release. Decision of the Judge of the Second Criminal Enforcement Court of
April 19, 2004 (evidence file, folio 829).
210
Cf. Incidental Motions for Early Release. Judiciary. Enforcement No. 429-96; Of. 7. Record of Evidence
Hearing of April 21, 2004 (evidence file, folios 846-858).
211
Cf. Incidental Motions for Early Release. Judiciary. Enforcement No. 429-96; Of. 7. Record of Evidence
Hearing of April 21, 2004 (evidence file, folios 846-858).
212
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