27 treatment is not given.” As to the cervical cancer, he said that on the day that she went to the hospital the clinical history was handed over but “it contained no record of that pathology.” 88. The COF doctor said that “[Ms. Cinchilla] buys her own insulin” and “presumably [it was administered] by the nurses.” He said that he examined Ms. Chinchilla whenever she required and that periodicity “can be constant.” As to if the COF had the necessary equipment to provide treatment, he replied, “No,” and that it would be necessary “to have special equipment for ketoacidosis, in order to revive her from a diabetic coma that she could go into at some point.” He said that her diabetes was not controlled and that “it is subject to external factors at any time.” He said that at that moment Ms. Chinchilla's life was not in danger; however, when asked if she was in danger of dying from her disease if she was imprisoned, he said that “it [was] possible, given all the complications that she has” and it was “impossible to predict when.” When asked if the lack of adequate means to treat a diabetic coma or a complication could be fatal, he answered, “Yes.” He said that Ms. Chinchilla needed 40 units of insulin in the morning and 15 in the afternoon and that internal occlusive arteriosclerosis “[was] indeed [a terminal disease]. He added that he was aware of the cervical cancer but “NOT ... OF ITS DEGREE” and that he could not say definitively “IF IT [WAS] NOT TERMINAL.” Regarding the hypertension, he said that the Center “only [had] CAPTROPIL” and that “WHEN IT WAS IN STOCK, YES [she was given it at the COF].” 89. Next, Ms. Chinchilla spoke and said, “Amputated as I am I have to prepare my own food because I cannot eat what the center offers me; I cannot eat sugar, fat, or condiments; sometimes I have some and sometimes I do not; sometimes I can rely on my family and sometimes not. ... How can I contact my family if the telephone to which I could have access is too high for me to reach and the transportation is so limited that I don't have anyone to do it for me? I don't have warders or a friend to help me do it and as regards my health, as has been made clear, the center does not have the necessary equipment, nor does it provide me with medicine, not even insulin, which I have to obtain by my own means, ... I've already lost half the vision in my right eye and the left, so I appeal to your humanitarian kindness. ... My health is deteriorating daily and I ask you to take into account that because of my advanced age I am not going to be able to recover. 250 90. On August 29, 2003, the Judge denied the incidental motion. The Judge held that “these days, such diseases do not constitute a terminal illness”. The judge said that Ms. Chinchilla “can receive adequate treatment at the prison ... and not necessarily outside it.”251 91. Ms. Chinchilla appeal against the decision on September 11, 2003. 252 On September 25, 2003, the Fourth Division of the Court of Appeals refused the appeal because “all three [doctors] were categorical in saying that it was impossible to determine when death could occur,” and therefore “for the time being she [was] not in imminent danger.”253 250 Appendix 2. Incidental Motions for Early Release. Republic of Guatemala Judiciary Second Criminal Enforcement Court Final Decision No. 429-96 Of. 7. Sentence Remission Case No. 169-03. Judiciary Record of Evidence Hearing August 29, 2003. Pages 47-54. Appendix 3 to the initial petition. 251 Appendix 2. Incidental Motions for Early Release. Republic of Guatemala Judiciary Second Criminal Enforcement Court Final Decision No. 429-96 Of. 7. Sentence Remission Case No. 169-03. Judiciary Decision of the Second Criminal Enforcement Court of August 29, 2003. Pages 55-56. Appendix 3 to the initial petition. 252 Appendix 2. Incidental Motions for Early Release. Republic of Guatemala Judiciary Second Criminal Enforcement Court Final Decision No. 429-96 Of. 7. Sentence Remission Case No. 169-03. Appeal presented on behalf of Ms. María Inés Chinchilla Sandoval. September 11, 2003. Pages 60-63. Appendix 3 to the initial petition. 253 Appendix 2. Incidental Motions for Early Release. Republic of Guatemala Judiciary Second Criminal Enforcement Court Final Decision No. 429-96 Of. 7. Sentence Remission Case No. 169-03. Judiciary Appeal No. 243-2003. Of. 2. Ruling of the Court of Appeals, Fourth Division. September 25, 2003. Pages 67-68. Appendix 3 to the initial petition.

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