19
be given insulin,” and that she “would send for the medication.” The nurse said that on that day “she only
allowed the director to enter her room” and that she gave her the “syringe with insulin” from outside “so that
she would be given the medication.”190
58.
On November 28, 2003, Ms. Chinchilla requested authorization to go to a medical
appointment on December 12.191 On December 1, the judge ruled that the inmate should receive the medical
treatment for her diabetes at the prison.192
2.8
2004
59.
On January 8, 2004, the Judge granted permission for Ms. Chinchilla to go for an appointment
on January 12, 2004.193 On January 29, 2004, Ms. Chinchilla requested authorization from the Judge to go to
the Park Center Welfare Unit (Unidad Asistencial Centro del Parque) in San Juan Sacatepequez where an
orthopedic clinic would be held for people with limited resources. It was explained that the request was made
because “she had had x-rays of her hip and femur and the bones had not knitted because of her illness and
they said that it would be necessary to use a prosthetic device that cost 13,000 quetzals.”194
60.
On February 6, 2004, the Judge sent a communication to the President of the Criminal
Division of the Supreme Court of Justice with reference to “his verbal request regarding the convict
Chinchilla.” He reported that “approval had been given for the permission requested for visits to the hospital,
following a report from the medical examiner” and that Ms. Chinchilla could be treated at the prison clinic. 195
61.
On February 12, 2004, the Public Defender Institute submitted a brief to the Judge,
requesting the replacement of Ms. Zoila América Ordóñez de Samayoa, who had been in charge of Ms.
Chinchilla's defense.196 In that communication, Ms. Chinchilla requested her transfer to San Juan de Dios
General Hospital. “I have given up hope of recovering and the condition in which I find myself is torture. 197
On February 13, 2004, the Judge turned down the request, saying that “the name of the LAWYER SOILA
190
Appendix 6. Female Orientation Center. Communication from the duty nurse to the medical services coordinator.
October 9, 2003. Appendix 6 to the State’s brief of July 13, 2010.
191
Appendix 5. Certification of final decision 429-96. Judiciary Final Decision No. 429-96 OF- 7º Communication from
the Director of the COF to the Second Criminal Enforcement Court, November 28, 2003. Page 707. Appendix to the petitioner’s
communication of May 26, 2005 received on May 31, 2005.
192
Appendix 5. Certification of final decision 429-96. Judiciary Final Decision No. 429-96 OF- 7º Decision of the Second
Criminal Enforcement Court of December 1, 2003. Page 708. Appendix to the petitioner’s communication of May 26, 2005
received on May 31, 2005.
193
Appendix 5. Certification of final decision 429-96. Judiciary Final Decision No. 429-96 OF- 7º Communication from
the Director of the COF, January 8, 2004. Page 711. Appendix to the petitioner’s communication of May 26, 2005 received on
May 31, 2005.
194
Appendix 5. Certification of final decision 429-96. Judiciary Final Decision No. 429-96 OF- 7º Communication of the
Director of the COF to the Second Criminal Enforcement Court, January 29, 2004. Page 698. Appendix to the petitioner’s
communication of May 26, 2005 received on May 31, 2005.
195
Appendix 5. Certification of final decision 429-96. Judiciary Final Decision No. 429-96 OF- 7º Communication from
the Second Criminal Enforcement Court to the Criminal Division of the Supreme Court of Justice, February 6, 2004. Page 718.
Appendix to the petitioner’s communication of May 26, 2005 received on May 31, 2005.
196
Appendix 5. Certification of final decision 429-96. Judiciary Final Decision No. 429-96 OF- 7º Communication from
the Departmental Coordinator of the Public Criminal Defender Institute to the Second Criminal Enforcement Court. February
12, 2004. Page 719. Appendix to the petitioner’s communication of May 26, 2005 received on May 31, 2005.
197
Appendix 5. Certification of final decision 429-96. Judiciary Final Decision No. 429-96 OF- 7º Public Criminal
Defender Institute. Ref. Final Decision No. 429-96 Of. 7º. Communication from Ms. María Inés Chinchilla Sandoval, February 12,
2004. Page 721. Appendix to the petitioner’s communication of May 26, 2005 received on May 31, 2005.