August 19, 2014 Re: Case No. 12,739 María Inés Chinchilla Sandoval et al. Guatemala Mr. Secretary: On behalf of the Inter-American Commission on Human Rights, I have the honor to submit to the jurisdiction of the Inter-American Court of Human Rights case 12,739 – María Inés Chinchilla Sandoval et al. v. the Republic of Guatemala (hereinafter “the State”, “the Guatemalan State” or “Guatemala”). The present case concerns the violations of María Inés Chinchilla Sandoval’s human rights as a result of multiple actions and omissions that culminated in her death, all while she was an inmate at the Centro de Orientación Feminina (COF). The Commission determined that for the duration of Mrs. Chinchilla Sandoval’s incarceration, the Guatemalan State had a special duty as guarantor of her rights to life and personal integrity, despite which it failed to conduct the full testing necessary to determine what illnesses she was suffering from and failed to provide all the specific treatment and care she required. Although Mrs. María Inés Chinchilla Sandoval was a diabetic, the State failed to provide the periodic testing, equipment, special medications, constant dietary vigilance and care that her diabetic condition required. On the contrary, Mrs. Chinchilla had to supply her own medications and food, relying on her own means or her family. The result was that her medical conditions deteriorated; one of her legs had to be amputated and her diabetic retinopathy and occlusive atherosclerosis worsened. Likewise, despite the special obligations incumbent upon the State when it incarcerates a person with disabilities, the Guatemalan State did not provide her with the conditions necessary to protect her rights, especially when one considers that Mrs. Chinchilla Sandoval was confined to a wheelchair and had other special needs owing to her condition. In fact, on the day of her death, because she had no one to assist her she fell from her wheelchair down the stairs and was not provided with adequate medical treatment or the hospital care required in an emergency situation. Mr. Pablo Saavedra Alessandri, Secretary Inter-American Court of Human Rights Apartado 6906-1000 San José, Costa Rica Enclosures

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