162. The State argued that Mrs. Chinchilla herself aggravated many of her ailments, since she refused to obey the orders issued by the COF doctors and nurses regarding her care, treatment and control of her disease. Moreover, she refused to be attended by the doctors and to sign the record sheets and certificates confirming the treatment, care and medication administered by them in fulfilment of their professional duties. This was reported by the medical staff in charge of her care on various occasions, as noted in the report of the Commission. The State also indicated that, contrary to what was stated by the Commission, the COF did provide her with the type of diet prescribed by the doctors who treated her, but she gave herself a free diet, contrary to medical advice, consuming products that were harmful for her health, and seeking to hold those professionals, and therefore the State, responsible for her negligence. 163. Regarding the alleged violation of Article 5 of the Convention, the State rejected any suggestion that torture was committed against the presumed victim. It indicated that she was indeed in prison and not in a hospital because she was serving a sentence and the medical reports did not indicate that she should remain interned in a hospital, since her ailments were inherent to her illness. It argued that at no time was it proven that Mrs. Chinchilla Sandoval made a complaint about mistreatment, physical or mental torture or threats on the part of the COF staff, the medical professionals or any other persons, or that she faced a real and immediate risk that could endanger her life and personal integrity. B. Considerations of the Court 164. The instant case concerns a woman deprived of her liberty in a women’s prison in Guatemala, where she was serving a sentence for a criminal conviction, and whose state of health progressively deteriorated due to her diabetes and other ailments. This situation led to a disability stemming from a number of complications, particularly when one of her legs was amputated, forcing her to move around in a wheelchair; as a result, modifications were required in the prison, which allegedly were not carried out. Her condition worsened and, after suffering a fall, she died in that center. It is alleged that the prison and the judicial authorities did not properly attend to her situation and that the facts were not investigated. 165. Having regard to the disputes presented, the Court will consider whether the State fulfilled its obligations to guarantee232 the alleged victim’s rights to personal integrity233 and to life,234 in the following order: 1) the State’s obligation to provide health care and medical treatment to persons deprived of their liberty; 2) the duty of the State to provide adequate treatment to the alleged victim for her diabetes and related ailments after she was deprived of liberty; 3) the State’s response to Mrs. Chinchilla’s disability; and 4) the response of the administrative authorities on the day of Mrs. Chinchilla’s death. Article 1(1) of the American Convention establishes “The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition.” 232 233 1. 2. Article 5 Right to Humane Treatment (Right to Personal Integrity) of the Convention establishes that: Every person has the right to have his physical, mental, and moral integrity respected. No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. All persons deprived of their liberty shall be treated with respect for the inherent dignity of the human person. Article 4(1) of the American Convention establishes that “Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life.” 234 50