34
services doctor never came,”295 explaining that “whenever there is an emergency they have trouble making
the decision to evacuate people. First they call the doctors, then the judge. There are so many things and
nothing gets done.”296
117. The medical examiner arrived at the scene at 12:50 p.m. and examined the corpse at 1:00
p.m., saying that the estimated time of death was two hours earlier.”297 Ms. Osiris Angélica Romano said that
Ms. Chinchilla's body was taken away “at around 3:00 in the afternoon.”298 For her part, the Deputy Director
of the COF reported that the corpse was taken to the Judiciary Morgue at 2:10 p.m. for the statutory
autopsy.299 After the Office of the Defender of Due Process and Prisoners requested the Judge for a report, 300
the Judge informed that “he was not advised by the prison authorities that the inmate’s illness had
worsened.”301
5.
The investigation of Ms. Chinchilla’s death
118. The Prosecution Unit for Crimes against Life and the Person was informed of the death of Ms.
Chinchilla on May 25, 2004.302 The autopsy conducted that very day concluded that the causes of death were
“pulmonary edema and hemorrhagic pancreatitis.”303
119. On June 21, 2004, the Public Prosecution Service Chemical Analysis Department informed
the prosecutor that tests were conducted on the samples of blood, liver, and gastric contents taken from Ms.
Chinchilla's corpse and it was determined, inter alia, that there was no presence of ethyl alcohol, methyl
alcohol, isopropane, or acetone.304 Bearing in mind the above information, the Office of the Prosecutor
informed the Court of First Instance on Criminal Matters, Drug Trafficking and Environmental Crimes of the
Department of Guatemala that “there [were] no grounds to proceed because the cause of death [did] not
constitute a criminal offense and, therefore, [was] not punishable.” Therefore, it requested that the case be
295
Appendix 11. Affidavit of Claudia Fedora Quintana Mendoza before a notary public.. Appendix to the
representatives’ brief of April 16, 2006.
296
Appendix 11. Affidavit of Claudia Fedora Quintana Mendoza before a notary public. . Appendix to the
representatives’ brief of April 16, 2006.
297
Appendix 5. Certification of final decision 429-96. Judiciary Final Decision No. 429-96 OF- 7º Office of the Deputy
Director of Forensic Sciences. Forensic Medicine Department. Examenations of the Scene of Death. Medical examiner’s report.
May 25, 2004. Page 785. Appendix to the petitioner’s communication of May 26, 2005 received on May 31, 2005.
298
Appendix 7. Affidavit of Osiris Angélica Romano before a notary public. Appendix to the representatives’ brief of
April 16, 2006.
299
Appendix 5. Certification of final decision 429-96. Judiciary Final Decision No. 429-96 OF- 7º Official letter No. 992004. Communication from the Deputy Director of the COF, May 25, 2004. Page 782. Appendix to the petitioner’s
communication of May 26, 2005 received on May 31, 2005.
300
Appendix 5. Certification of final decision 429-96. Judiciary Final Decision No. 429-96 OF- 7º Human Rights
Ombudsman. Office of the Defender of Due Process and Prisoners. 225-2004-JEMT., Communication from the Office of the
Defender of Due Process and Prisoners to the Second Criminal Enforcement Court. May 25, 2004. Page 790. Appendix to the
petitioner’s communication of May 26, 2005 received on May 31, 2005..
301
Appendix 5. Certification of final decision 429-96. Judiciary Final Decision No. 225-2004-JEMT., Communication
from the Second Criminal Enforcement Court to the Office of the Defender of Due Process and Prisoners. May 28, 2004. Page
790. Appendix to the petitioner’s communication of May 26, 2005 received on May 31, 2005.
302
Appendix 12. Public Prosecution Service. Prosecution Unit for Crimes against Life and the Person, “Vida” Office 04,
MO001-2004-105950, January 11, 2005. Appendix 10 to the State’s brief of July 13, 2010.
303
Appendix 13. Judiciary Forensic Medicine Service. Autopsy No. 1499-2004, June 3, 2004. Appendix 8 to the State’s
brief of July 13, 2010.
304
Appendix 14. Public Prosecution Service. Written communication from the Pharmaceutical Chemist of the
Chemical Analysis Department to the Prosecutor. June 21, 2004. Pages 18-19.