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.