29
2004, the HSJD Chief of Surgery reported with regard to the request for a medical examiner’s report on Ms.
Chinchilla that “there is no medical examiner to prepare the report.”264
96.
On April 14, 2004, a socioeconomic report was submitted stating that Ms. Chinchilla had
been suffering from diabetes for approximately 14 years and that “the disease had been kept under control at
the Guatemalan Social Security Institute until the time of the legal proceedings in which is currently
involved.” The report said that Ms. Chinchilla gets about in “a wheelchair, which will cause problems because
of the place’s confined spaces” and “the patient's state of mind and depression are of grave concern.”265
97.
The hearing was set for April 21, 2004. 266 On April 16, 2004, Ms. Chinchilla requested that
Doctor Luisa Amelia Morán García, the COF duty doctor, be summoned to give evidence at the hearing. 267 The
judge confirmed receipt of the brief on April 19, 2004 and instructed that a summons be sent to the doctor in
question to submit a medical report.268
98.
The evidence hearing was held on April 21, 2004. 269
99.
The first to be questioned was the judiciary medical examiner, who said that Ms. Chinchilla
had told him “that she does not receive treatment.” However, he said, “No,” when asked if Ms. Chinchilla was
in danger of dying in the short term. He said that “the endocrinologist is the person who would have to decide
the type of treatment in terms of quantities or doses, and the people to administer it would be the prison
nursing staff,” but he did “not know whether or not the Center has the necessary medicine; prisons do not
have teams of specialists.” He said that “the patient will enter into a state of diabetic ketoacidosis and in a
subsequent coma she would have a chance of getting help but the time taken to transport her to a facility that
provides specialized care would be critical.” He specified that “there is nothing with respect to cancer, only a
fear or a cervical lesion and it is Ms. Chinchilla who claims to have cancer of the cervix.” Finally, when asked
what life prospects could Ms. Chinchilla have as a prisoner if Fraijanes Orientation Center did not have an
endocrinologist, he answered that “her quality of life will be poor.”270
100. The Public Prosecution Service medical examiner said that Ms. Chinchilla's ailments “are not
considered a terminal illness” and “she could be prescribed ambulatory medical treatment.” He said that “if
the patient is not treated with drugs she tends to suffer complications that at some point could be lifethreatening” and that if she were to have a ketoacidosis crisis “she must receive medical treatment as quickly
as possible.” He said that he was “not familiar with the facilities [of the COF] as regards health care and
professional staff ... if a complication were to arise” and that he was “not familiar with the specific medical
care that the patient ... from the prison ... [and] the written records on the care that the patient has received or
264
Appendix 2. Incidental Motions for Early Release. San Juan de Dios General Hospital. Written communication from
Dr. Sergio Ralon. Women's Surgery, Unit One. April 2, 2004, Page 39. Appendix 3 to the initial petition.
265
Appendix 2. Incidental Motions for Early Release. Public Criminal Defender Institute Social Services Unit
Socioeconomic report April 6, 2004, Pages 41-47. Appendix 3 to the initial petition.
266
Appendix 2. Incidental Motions for Early Release. Decision of the Second Criminal Enforcement Court of April 14,
2004, Page 54. Appendix 3 to the initial petition.
267
Appendix 2. Incidental Motions for Early Release. Public Defenders’ Institute Brief submitted on behalf of Ms. María
Inés Chinchilla Sandoval, April 16, 2004, Page 54. Appendix 3 to the initial petition.
268
Appendix 2. Incidental Motions for Early Release. Decision of the Second Criminal Enforcement Court of April 19,
2004, Page 55. Appendix 3 to the initial petition.
269
Appendix 2. Incidental Motions for Early Release. Judiciary Final Decision No. 429-96; Of. 7, Record of Evidence
Hearing. April 21, 2004. Located from the page marked 70 to the page before the one marked 76. Appendix 3 to the initial
petition.
270
Appendix 2. Incidental Motions for Early Release. Judiciary Final Decision No. 429-96; Of. 7, Record of Evidence
Hearing. April 21, 2004. Located from the page marked 70 to the page before the one marked 76. Appendix 3 to the initial
petition.