14
the social worker submitted the report that had been requested of her, saying that Ms. Chinchilla “may be
taken to the laboratory on the 26th of this month [...] and there is no record of the appointment on the 25th”;
she had another appointment on December 11. 130 Accordingly, the Judge gave approval for Ms. Chinchilla to
go to the verified appointments.131 On November 29, 2001 the judge asked the social worker to reconfirm Ms.
Chinchilla's appointment for December 20. 132 In response, on December 4, the social worker indicated that
there was no record of it.133
42.
On December 7, 2001, Ms. Chinchilla was taken to the HSJD emergency room and “admitted
because of the seriousness of her condition.”134 She was kept there until February 15, 2002 with “necrosis on
the sole and second and fifth toes of her right foot as well as a subcapital fracture of the right humerus.” “The
affected area was cleaned and surgically debrided on two occasions.” She presented necrosis on the fifth toe
of her right foot, which was amputated, while the sole of the foot was cleaned and debrided. The “the fracture
was treated by simply immobilizing it.”135
2.6
2002
43.
On February 19, 2002, the Judge gave approval for Ms. Chinchilla to go to a medical
appointment scheduled for February 22, 2002.136 On February 25, 2002, Ms. Chinchilla requested
authorization to go to a medical appointment at the HSJD on March 1, saying “that because of the very severe
illness she has to visit the clinic weekly on Fridays.”137 The social worker informed that Ms. Chinchilla “was
not registered in the appointment book for Friday every week.”138 On March 1, 2002, the Judge refused
permission139 and on March 4 wrote to the COF, requesting it to bear in mind that “in future all requests [...]
must be submitted with sufficient notice for the social worker to verify the request.”140
129
Appendix 1. Certification of final decision 429-96. Judiciary Final Decision No. 429-96 OF- 7º Decision of the Second
Criminal Enforcement Court of November 20, 2001. Page 452. Appendix 8 to the initial petition.
130
Appendix 1. Certification of final decision 429-96. Judiciary Final Decision No. 429-96 OF- 7º Communication of the
Social Worker to the Second Criminal Enforcement Court, November 20, 2001. Page 458. Appendix 8 to the initial petition.
131
Appendix 1. Certification of final decision 429-96. Judiciary Final Decision No. 429-96 OF- 7º Decision of the Second
Criminal Enforcement Court of November 21, 2001. Page 456. Appendix 8 to the initial petition.
132
Appendix 1. Certification of final decision 429-96. Judiciary Final Decision No. 429-96 OF- 7º Communication of the
Second Criminal Enforcement Court to the Social Worker, November 29, 2001. Page 465. Appendix 8 to the initial petition.
133
Appendix 1. Certification of final decision 429-96. Judiciary Final Decision No. 429-96 OF- 7º Communication of the
Social Worker to the Second Criminal Enforcement Court, December 4, 2001. Page 466. Appendix 8 to the initial petition.
134
Appendix 1. Certification of final decision 429-96. Judiciary Final Decision No. 429-96. Official letter 257-2001,
Communication from the Director of the COF, December 10, 2001. Page 468. Appendix 8 to the initial petition.
135
Appendix 2. Incidental Motions for Early Release. San Juan de Dios General Hospital. Medical Records Department.
Certification 447/04. March 2, 2004, Pages 2 and 3. Appendix 3 to the initial petition.
136
Appendix 1. Certification of final decision 429-96. Judiciary Final Decision No. 429-96 OF- 7º Decision of the Second
Criminal Enforcement Court of February 19, 2002. Page 478. Appendix 8 to the initial petition.
137
Appendix 1. Certification of final decision 429-96. Judiciary Final Decision No. 429-96. Communication from the
Deputy Director of the COF, February 25, 2002. Page 481. Appendix 8 to the initial petition.
138
Appendix 1. Certification of final decision 429-96. Judiciary Final Decision No. 429-96 OF- 7º Communication of the
Social Worker to the Second Criminal Enforcement Court, February 28, 2002. Page 484. Appendix 8 to the initial petition.
139
Appendix 1. Certification of final decision 429-96. Judiciary Final Decision No. 429-96 OF- 7º Decision of the Second
Criminal Enforcement Court of March 1, 2002. Page 485. Appendix 8 to the initial petition.
140
Appendix 1. Certification of final decision 429-96. Judiciary Final Decision No. 429-96 OF- 7º Communication from
the Second Criminal Enforcement Court to the Deputy Director of the COF, March 4, 2002. Page 489. Appendix 8 to the initial
petition.