provided Mrs. Chinchilla with all the medications, together with adequate food for her special
needs, but that she had not taken care of her health, which had triggered a series of ailments
prior to her admission to the COF. Nevertheless, the State admitted that “on certain occasions
there may have been a lack of some type of medicine, which could have prompted Mrs.
Chinchilla to buy her own medicine on certain occasions,” regarding which she could have
presented an action of amparo.
193.
However, the State did not dispute the assertion by Mrs. Chinchilla’s daughter
that she had supplied her mother’s insulin on several occasions; this is consistent with the
fact that she bought her a small refrigerator to keep her medicines inside her cell, which was
allowed into the Center by the prison authorities, but was not provided to her. In addition to
the statement of the presumed victim’s daughter, several statements by the COF’s own health
personnel indicate that the prison system did not provide the insulin she needed or that she
provided it by her own means through her family.295 Therefore, the State did not provide
evidentiary elements to demonstrate that the medication required by the alleged victim was
adequately and regularly supplied by the State authorities.
194.
As to an appropriate diet, the State did not provide evidence to show that the
COF provided adequate food for Mrs. Chinchilla’s special dietary requirements. The only
specific evidence mentioned by the State in claiming that she self-prescribed a free diet,
against medical advice (“consuming sugars and other products harmful to her health”), was
an official letter from the COF doctor from 1998. Other than this specific circumstance, the
State did not prove that the COF’s health or security staff provided her with adequate food
during her time in prison. Mrs. Chinchilla reiterated to the court of enforcement the statement
made in August 2003: “I have to prepare my own food, because I cannot eat what the Center
gives me, I cannot eat sugar, fats or condiments; sometimes I can provide them myself and
sometimes not, sometimes I rely on my family and sometimes not.” 296
195.
In second place, it is necessary to determine whether Mrs. Chinchilla received
adequate treatment when her health deteriorated markedly, after the onset of her disability
and in the last two years of her life. In this regard, given that the enforcement judge decided
not to grant Mrs. Chinchilla’s petitions for early release, and did not adopt other corrective or
alternative measures to incarceration (infra paras. 246 to 252), it is pertinent to determine
whether the COF had sufficient resources, facilities, qualified staff, equipment and supplies to
provide her with adequate treatment, or, whether such treatment could be provided to her in
public hospitals in a flexible and efficient manner.
mentioned two statements by the COF doctor, dated February 14, and August 29, 2003, indicating that the Prison
System did not provide Mrs. Chinchilla’s treatment and that she purchased her own insulin. Regarding Mrs. Chinchilla’s
food, her daughter said that the prison did not provide her mother with the diet prescribed by the specialists for her
disease and that she was given “exactly the same food as all the rest of the inmates, same breakfast, same lunch,
and the dinner was usually sweet corn meal, lard bread, sweet breads, incaparina (vegetable protein flour) or things
like that, a bit lighter but filled with lots of sugar.” Therefore, on Sundays she would bring her mother food that she
could eat.
In statements dated February 14 and August 29, 2003, the COF’s duty doctor said that the Prison System
did not provide her with the insulin she needed and that she provided it herself using her own means, through her
family; that Mrs. Chinchilla normally applied her own treatment, that she “buys her own insulin” which is “supposedly
[administered by] the nurses.” At the beginning of 2003, the COF doctor noted that “she supplies her own treatment
since the prison system does not provide it, [and] if the family continues delivering her treatment, and she receives
psychological support and rehabilitation therapy, she continue being treated at that Center […]” (supra paras. 112
and 124). In August 2003, Mrs. Chinchilla herself mentioned that “the Center does not provide my medications, I do
not even receive insulin, which I have to provide for myself by my own means” (supra para. 125).
295
Cf. Incidental Motions for Early Release. Judiciary. Second Criminal Enforcement Court. Enforcement No.
429-96 Of. 7. Remission of Sentences File No. 169-03. Record of Evidence Hearing of August 29, 2003 (evidence file,
folios 913-928).
296
61