29 2004, the HSJD Chief of Surgery reported with regard to the request for a medical examiner’s report on Ms. Chinchilla that “there is no medical examiner to prepare the report.”264 96. On April 14, 2004, a socioeconomic report was submitted stating 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 report said that Ms. Chinchilla gets about in “a wheelchair, which will cause problems because of the place’s confined spaces” and “the patient's state of mind and depression are of grave concern.”265 97. The hearing was set for April 21, 2004. 266 On April 16, 2004, Ms. Chinchilla requested that Doctor Luisa Amelia Morán García, the COF duty doctor, be summoned to give evidence at the hearing. 267 The judge confirmed receipt of the brief on April 19, 2004 and instructed that a summons be sent to the doctor in question to submit a medical report.268 98. The evidence hearing was held on April 21, 2004. 269 99. The first to be questioned was the judiciary medical examiner, who said that Ms. Chinchilla had told him “that she does not receive treatment.” However, he said, “No,” when asked if Ms. Chinchilla was in danger of dying in the short term. He said that “the endocrinologist is the person who would have to decide the type of treatment in terms of quantities or doses, and the people to administer it would be the prison nursing staff,” but he did “not know whether or not the Center has the necessary medicine; prisons do not have teams of specialists.” He said that “the patient will enter into a state of diabetic ketoacidosis and in a subsequent coma she would have a chance of getting help but the time taken to transport her to a facility that provides specialized care would be critical.” He specified that “there is nothing with respect to cancer, only a fear or a cervical lesion and it is Ms. Chinchilla who claims to have cancer of the cervix.” Finally, when asked what life prospects could Ms. Chinchilla have as a prisoner if Fraijanes Orientation Center did not have an endocrinologist, he answered that “her quality of life will be poor.”270 100. The Public Prosecution Service medical examiner said that Ms. Chinchilla's ailments “are not considered a terminal illness” and “she could be prescribed ambulatory medical treatment.” He said that “if the patient is not treated with drugs she tends to suffer complications that at some point could be lifethreatening” and that if she were to have a ketoacidosis crisis “she must receive medical treatment as quickly as possible.” He said that he was “not familiar with the facilities [of the COF] as regards health care and professional staff ... if a complication were to arise” and that he was “not familiar with the specific medical care that the patient ... from the prison ... [and] the written records on the care that the patient has received or 264 Appendix 2. Incidental Motions for Early Release. San Juan de Dios General Hospital. Written communication from Dr. Sergio Ralon. Women's Surgery, Unit One. April 2, 2004, Page 39. Appendix 3 to the initial petition. 265 Appendix 2. Incidental Motions for Early Release. Public Criminal Defender Institute Social Services Unit Socioeconomic report April 6, 2004, Pages 41-47. Appendix 3 to the initial petition. 266 Appendix 2. Incidental Motions for Early Release. Decision of the Second Criminal Enforcement Court of April 14, 2004, Page 54. Appendix 3 to the initial petition. 267 Appendix 2. Incidental Motions for Early Release. Public Defenders’ Institute Brief submitted on behalf of Ms. María Inés Chinchilla Sandoval, April 16, 2004, Page 54. Appendix 3 to the initial petition. 268 Appendix 2. Incidental Motions for Early Release. Decision of the Second Criminal Enforcement Court of April 19, 2004, Page 55. Appendix 3 to the initial petition. 269 Appendix 2. Incidental Motions for Early Release. Judiciary Final Decision No. 429-96; Of. 7, Record of Evidence Hearing. April 21, 2004. Located from the page marked 70 to the page before the one marked 76. Appendix 3 to the initial petition. 270 Appendix 2. Incidental Motions for Early Release. Judiciary Final Decision No. 429-96; Of. 7, Record of Evidence Hearing. April 21, 2004. Located from the page marked 70 to the page before the one marked 76. Appendix 3 to the initial petition.

Seleccionar párrafo de destino3