her medication;” however, “she does not have […] any terminal illness.”198 For his part, the
Judiciary doctor said that Mrs. Chinchilla was an “inmate who merited medical treatment to
address the symptoms of her diabetes and sequelae (terminal illness) at the prison clinic
and/or the San Juan de Dios General Hospital.” 199
131.
On March 30, 2004, Mrs. Chinchilla submitted various items of evidence, including
a psychological report stating that she “presents symptoms of depression”, “feels frustration
and stress that affects her mental and physical health” and that her “physical health [has]
deteriorated markedly.”200 A report from the Head Medical Records Department of the HSJD
was also included,201 as was a written communication offering a guarantor to cover her
medicines and ensure that she went to all her appointments in future. 202 There was also a
certificate from the medical surgeon Dr. María de los Ángeles López, who said that Mrs.
Chinchilla was in a “poor general state of health and nutrition," entertained “thoughts of
suicide (desire to die)” and had been diagnosed with “decompensated arterial hypertension,
decompensated type II diabetes mellitus, chronic adult malnutrition and severe depression
with risk of suicide.”203 On April 2, 2004, in response to a request for a medical examiner’s
report on Mrs. Chinchilla, the Chief of the HSJD’s Surgery Department reported that “there is
no medical examiner to prepare the report.”204
132.
On April 6, 2004, the COF duty doctor submitted a medical report to the Director
of the COF, stating that 51 year-old Mrs. Chinchilla suffered from several illnesses, including:
i) decompensated type II diabetes mellitus; ii) arterial hypertension; iii) blindness caused by
diabetes; iv) anasarca; […] vi) chronic adult malnutrition and vii) aggressive behavior. The
report said that she was currently taking “10 units of insulin T.X. in the A.M. and P.M. and
Enalapril every 24 hrs.”205
133.
On April 14, 2004, a socioeconomic report by the Social Work Unit of the Public
Criminal Defense Institute was submitted stating that Mrs. Chinchilla had been suffering from
diabetes for approximately fourteen 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
she is currently involved.” The report said that “when she was convicted, the complications of
her disease began, since she was not treated in time at the prison where she was held, and
did not receive immediate medical assistance. As a result she entered into a coma and had to
be taken in an emergency to the San Juan de Dios General Hospital on August 19, 2002,
where she underwent surgery on her right leg.” The report stated that Mrs. Chinchilla moves
Cf. Incidental Motions for Early Release. Communication of the Public Prosecution Service of March 24, 2004,
DMF-0-652-2004 RERG/zqp (evidence file, folios 772 and 773).
198
Cf. Incidental Motions for Early Release. Communication of the Medical Examiner of March 24, 2004
(evidence file, folio 776).
199
Cf. Incidental Motions for Early Release. Women’s Unit. Institute of the Public Defense. Psychological Report.
February 17, 2004 (evidence file, folios 785-787).
200
Cf. Incidental Motions for Early Release. San Juan de Dios General Hospital. Medical Records Department.
February 5 and March 16, 2004 (evidence file, folios 789-791).
201
Cf. Incidental Motions for Early Release. Letter from Mrs. Ana María Sandoval de Valdes of March 18, 2004
(evidence file, folio 792).
202
Cf. Incidental Motions for Early Release. Report of Dr. María de los Ángeles López of March 18, 2004 (evidence
file, folio 803).
203
Cf. Incidental Motions for Early Release. San Juan de Dios General Hospital. Letter from Dr. Sergio Ralon.
First Women`s Surgery Unit. April 2, 2004 (evidence file, folio 808).
204
Cf. Incidental Motions for Early Release. Communication of Amelia Moran, COF duty doctor of April 6, 2004
(evidence file, folio 861).
205
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