40
135. In the light of the established facts, the Commission will examine the following aspects of the
state’s response to Ms. Chinchilla’s situation: (1) The absence of a proper diagnosis of Ms. Chinchilla’s health
situation and the shortcomings of the State’s response; (2) the treatment for Ms. Chinchilla’s diabetes and
related ailments; (3) the State’s response to Ms. Chinchilla’s disabled condition; and (4) the State’s response
on the day that Ms. Chinchilla died.
3.1
The absence of a proper diagnosis of Ms. Chinchilla’s health situation and the
shortcomings of the State’s response
136. The European Court of Human Rights found in the cases of Tarariyeva vs. Russia and
Kudhobin vs. Russia that when persons are deprived of their liberty and the authorities are aware of illnesses
that require supervision and adequate treatment, the latter must “[keep] a record of [their] state of health
and the treatment [they] underwent while in detention.”337 Likewise, in the Case of Iacov Stanciu v. Romania,
the European Court found that the authorities must ensure that a “comprehensive record is kept concerning
the detainee’s state of health and the treatment he underwent while in detention.” 338 That obligation is also
described in the Third General Report of the European Committee for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment. This Committee has stated that:
A medical file should be compiled for each patient, containing diagnostic information as well
as an ongoing record of the patient’s evolution and of any special examinations he has
undergone. In the event of a transfer, the file should be forwarded to the doctors in the
receiving establishment.339
137. In the present case, based on the information available, the Commission notes that this first
fundamental obligation of diagnosing and keeping records in order to determine what medical treatment Ms.
Chinchilla would require, in compliance with its obligation as guarantor of the rights to life and humane
treatment of those in its custody, and ensuring that said treatment was provided, was not met by the state
authorities.
138. Indeed, there are no certifications attesting to a comprehensive diagnosis or follow-up on all
Ms. Chinchilla’s ailments. This is clearly reflected in the medical certifications contained in the record, which
were requested by the Judge for two reasons: One, to verify whether or not it was necessary to grant
permission requested by Ms. Chinchilla to leave the prison in order to go to medical appointments; the other,
to determine if the illnesses were "terminal" when it came to deciding on the motions for early release and
whether or not she could receive care at the detention center.
139. One example of the consequences of the absence of a meaningful, comprehensive diagnosis
of Ms. Chinchilla’s health has to do with the multiple contradictory references in the record to possible
cervical cancer.
337
European Court of Human Rights, Case of Kudhobin v. Russia, Judgment of 6 October 2006, para. 83. Available at:
http://hudoc.echr.coe.int/sites/eng/Pages/search.aspx#{“fulltext”:[“medical
diagnostic”],”documentcollectionid2”:[“GRANDCHAMBER”,”CHAMBER”],”itemid”:[“001-77692”]}. See, also, Case of Tarariyeva
v.
Russia,
Judgment
of
14
December
2006,
para.
76.
Available
at:
http://hudoc.echr.coe.int/sites/eng/Pages/search.aspx#{“fulltext”:[“medical
diagnostic”],”kpthesaurus”:[“193”],”documentcollectionid2”:[“GRANDCHAMBER”,”CHAMBER”],”itemid”:[“001-78591”]}
338
European Court of Human Rights, Case of Iacov Stanciu vs. Romania, Judgment of 24 July 2012, para. 170.
Available at: http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-112420
339
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, 3rd
General Report on the CPT’s activities covering the period 1 January to 31 December 1992 Ref.: CPT/Inf (93) 12 [EN] Publication Date: 4 June 1993, para. 39. Available at: http://www.cpt.coe.int/en/annual/rep-03.htm#III.