30
is receiving at the prison.”271 He mentioned that “[t]he clinical file from San Juan de Dios Hospital describes a
tumor in the vagina in March 1997, but there are no other medical notes on the progress of the disease.”
101. When asked if Ms. Chinchilla had been brought to the hospital in adequate time, the
attending physician from the HSJD said, “So far, yes.” As to whether or not Ms. Chinchilla referred [Tr: sic] the
medicine that was prescribed for her, he said, “No.” When asked who administered the insulin, he said, “I do
not know,” and stated that “at this moment and in the short-term it is difficult [to know if her life is in
danger]; however, without proper treatment “she could suffer a diabetic complication.” He said, “Ms.
Chinchilla has an illness that is not properly treated and controlled,” and “if she does not get insulin ... he
could go into a hyperosmolar or ketoacidotic coma.” He said that he had “no medical knowledge ... that ... she
has cervical cancer. I He said that given the illnesses that Ms. Chinchilla had, she needed “glycemia control,
pre- and post- [illegible], ophthalmological monitoring, nephrological monitoring, control of irrigation in
lower limb, and cardiovascular checkups.” When asked if Ms. Chinchilla was consistently receiving such
treatment daily in prison, he said, “Not to my knowledge.”
102. On April 6, 2004, the COF duty doctor submitted a medical report stating that 51-year-old
Ms. Chinchilla had, among other illnesses: (i) decompensated type II diabetes mellitus; (ii) arterial
hypertension; (iii) blindness caused by diabetes; (iv) anasarca; (v) kidney failure screening; (vi) chronic adult
malnutrition; and (vii) aggressive behavior. The report indicated that she was currently on “10 units of
insulin TX in the A.M. and P.M. and Enalapril every 24 hrs”272 On April 21, 2004, the Judge asked that the
Central Prisons Board be requested for an early release report. 273
103. On April 22, 2004, Ms. Chinchilla presented the judge with “illustrative background
information on the motion for early release under special remission of sentences,” comprising a report from
the Director General of the Correctional System and conditions at the COF, as well as the expert opinions and
reports contained in the record.274
104. The Correctional System Medical Services Coordinator reported, “The prison has medicine
for dealing with infectious problems as well as oral medications for treating diabetes, osteomyelitis, and
arterial hypertension. However, inmate Chinchilla Sandoval requires subcutaneous insulin for her diabetic
problem that is causing all the metabolic ailments from which she suffers, including chronic kidney failure, for
which the prison lacks the necessary equipment to provide care.” The report said, “The Center does not have
specialized hospital medical equipment to deal with crises of that magnitude. ... It does (sic) have adequate
facilities for the internment of the inmate which are managed by the prison's hospital area” and that “it does
not have adequate orthopedic equipment.” Finally, the report said that “Ms. Chinchilla Sandoval's condition
has forced us to refer her regularly to hospitals because at given times she requires specialized care.”275
271
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.
272
Appendix 2. Incidental Motions for Early Release. Communication from Amelia Moran, COF duty doctor, April 6,
2004. Page 78. Appendix 3 to the initial petition.
273
Appendix 2. Incidental Motions for Early Release. Decision of the Second Criminal Enforcement Court of April 20,
2004, Page 76. Appendix 3 to the initial petition.
274
Appendix 2. Republic of Guatemala Judiciary Second Criminal Enforcement Court Final Decision No. 429-96 Of. 7.
Sentence Remission Case. Public Criminal Defender Institute Brief submitted on behalf of Ms. Maria Ines Chinchilla Sandoval by
her attorney. Page 80. Appendix 3 to the initial petition.
275
Appendix 2. Republic of Guatemala Judiciary Second Criminal Enforcement Court Final Decision No. 429-96 Of. 7.
Sentence Remission Case. General Directorate of the Correctional System. Office of the Medical Services Coordinator. Official
Letter No. 0546-2004- DR-RECH. April 2, 2004. Page 82. Appendix 3 to the initial petition.