52 its own initiative in that regard.369 This is particularly important when a person has died while in state custody, where the obligation is on the State to provide a satisfactory explanation. 195. In light of the foregoing, the Commission concludes that the State violated the rights to a fair trial and judicial protection contained in Articles 8 and 25 of the American Convention, taken in conjunction with the obligations under Articles 1(1) and 2 of said instrument, to the detriment of Maria Inés Chinchilla and her next of kin, specifically Ms. Chinchilla’s mother; her daughters, Marta María Gantenbein Chinchilla and Luz de María Juárez Chinchilla; her son, Luis Mariano Juárez Chinchilla; and her other daughter, whose name the Commission does not have. VI. CONCLUSIONS 196. Based on the factual and legal arguments given above, the Commission concludes that the State of Guatemala is responsible for:    VII. violation of the right to life enshrined in Article 4(1) of the American Convention, in conjunction with Article 1(1) thereof, to the detriment of María Inés Chinchilla Sandoval; violation of the right to humane treatment enshrined in Article 5(1) of the American Convention, in conjunction with Article 1(1) thereof, to the detriment of María Inés Chinchilla Sandoval; violation of the rights to a fair trial and judicial protection enshrined in Articles 8(1) and 25 of the American Convention, in conjunction with Articles 1(1) and 2 thereof, to the detriment of María Inés Chinchilla Sandoval and her next of kin. RECOMMENDATIONS 1. Provide full reparation for the human rights violations found in the instant report, including both material and moral dimensions. 2. Carry out and complete an impartial, thorough, and effective investigation as soon as possible, in order to establish criminal and other responsibilities for the violations found in this report. 3. Adopt non-repetition measures, including: (i) a guarantee of timely access to adequate medical treatment at the Female Orientation Center; (ii) a guarantee of adequate conditions of confinement for persons with disabilities at the Female Orientation Center, in accordance with the standards described in this report; (iii) institutional strengthening and training for judicial officers responsible for the enforcement of sentences, to ensure that they effectively perform their role as guarantors of the rights of persons deprived of their liberty; and (iv) adoption of rules on a prompt and effective judicial remedy to protect the rights to life and humane treatment where the health needs of persons deprived of their liberty are concerned. Signed in the Original Emilio Álvarez Icaza L. Secretario Ejecutivo 369 I/A Court H.R., Case of Vera Vera et al. v. Ecuador. Preliminary Objection, Merits, Reparations and Costs. Judgment of May 19, 2011. Series C No. 226, par. 94.

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