41
140. Thus, at the hearing on August 29, 2003, the judiciary medical examiner indicated that she
presented “cancer of the cervix”; however, the attending physician at the HSJD said that “he [did] not know”
of that disease, while the medical examiner from the Public Prosecution Service noted that there was “no
record of that pathology” and the COF doctor said that he was aware of the cervical cancer but “not ... of its
degree” or “whether or not it [was] terminal.” Subsequently, at the hearing on April 21, 2004, the judiciary
medical examiner that "there [was] nothing regarding cancer, only a tumor”; for his part, the attending
physician at San Juan de Dios Hospital said that he had “no medical knowledge ... that ... she ha[d] cervical or
vaginal cancer” and the Public Prosecution Service medical examiner said that the file “describe[d] a tumor in
the vagina in March 1997, but there [were] no other medical notes on the progress of the disease.” The
disease "cancer of the cervix" is recorded as such in the certifications issued by the judiciary medical
examiner on August 7, 2003 and October 14, 2003, after an “anterior vagina of bulge" was identified; and in
2000, when “a firm, mobile mass above the pubic hairline” was detected. In 2003, Ms. Chinchilla herself said
that she “[did] not know if the cancer detected [in her vagina was] benign or malignant.”
141. Further clear evidence of the lack of a meaningful, comprehensive diagnosis has to do with a
group of both physical and mental illnesses identified separately in Ms. Chinchilla, for which there were no
subsequent certifications as to their progress or treatment. Thus, the IACHR notes that in 1998 Ms. Chinchilla
was diagnosed with “problems of leukemia” and “osteoporosis”; in 2001, “urethrocele”; in 2003, “chronic
adult malnutrition” and “severe depression with a risk of suicide”; and in 2004, “anasarca.”
142. Despite this information, which demanded due diligence on the part of the State in
conducting thorough diagnostic assessments to identify all Ms. Chinchilla’s diseases and ailments, neither the
prison authorities nor the judicial authority supervising the enforcement of her sentence adopted any
measures to gain a full understanding of the state of Ms. Chinchilla’s health or, consequently, to determine her
actual treatment needs and follow up on them accordingly. On the contrary, as was mentioned, the
Commission notes that the State’s actions were limited to determining whether or not the permissions sought
by Ms. Chinchilla were admissible or if her state was terminal. In other words, the follow-up measures
adopted by the State were confined to those two aspects. Although these measures gave rise to some
treatment, as will be examined below, that treatment was neither comprehensive nor consistent. This limited
response falls short of the above-described standards regarding the State’s obligations to ensure the right to
health in connection with the rights to life and humane treatment of individuals in deprived of their liberty.
3.2
The treatment for Ms. Chinchilla’s diabetes and related ailments
143. Based on all the doctors’ certifications and statements in the record, a significant number of
Ms. Chinchilla’s diseases and ailments stemmed from the evolution of her diabetes mellitus, including, those
connected with arterial hypertension, occlusive arteriosclerotic disease, and diabetic retinopathy. 340 The
foregoing is consistent with World Health Organization (WHO) Fact Sheet No. 312, “Diabetes,” which
describes the effects of the disease.341 The WHO has stated that “[h]ypertension and diabetes are closely
linked, and one cannot be properly managed without attention to the other.”342
340
Thus, the Commission notes that the socioeconomic report of April 14, 2004, states 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 statement of the judiciary medical
examiner on August 29, 2003, says, in turn, that the deterioration in health of Ms. Chinchilla was basically due to the fact that
“she [suffered from] […] DIABETES MELLITUS, and […] all the complications associated with this disease [had] presented
themselves, [they being] arterial hypertension, […] occlusive arteriosclerotic disease of the left lower limb, […] diabetic
retinopathy, in addition to which she has already had the right lower limb amputated […].” In addition, the Correctional System
Medical Services Coordinator explained that Ms. Chinchilla Sandoval required subcutaneous insulin for her diabetic problem
that was “causing all the metabolic ailments from which she suffer[ed].”
341
The fact sheet states that hyperglycaemia is a common effect of uncontrolled diabetes that “over time leads to
serious damage to many of the body’s systems, especially the nerves and blood vessels.” Common consequence include “foot
341
ulcers, infection and eventual need for limb amputation” ; “diabetic retinopathy […], an important cause of blindness”;
“kidney failure”; “neuropathy”; and an overall risk of dying that is “at least double the risk of their peers without diabetes.” See