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

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