has.” He mentioned that “the care that the patient needs is as follows [:] regular monitoring
of blood sugar levels, for someone to keep track of when she takes her medication, someone
to move her around and, depending on the complications that she might suffer, to verify if the
Center has equipment or access to examinations by a consultant.” He added that “when she
was examined her condition was under control” and that he had not “stated that the patient
ha[d] what [was] needed for her illnesses to be properly controlled.” He said that terminal
occlusive arteriosclerosis was not a terminal disease but “a complication from diabetes which,
in this case, has not been adequately controlled.” He said that gangrene “…is an infectious
pathology that can kill a patient if the right treatment is not given.” As to the cervical cancer,
he said that on the day she went to the hospital, the clinical file was handed over but “it
contained no record of that pathology.”
124.
The COF doctor said that “[Mrs. Chinchilla] buys her own insulin” and “presumably
[it was administered] by the nurses.” He said that he examined Mrs. Chinchilla whenever she
required it and that periodicity “can be constant.” As to whether the COF had the necessary
equipment to provide treatment, he replied, “no”, and said it would be necessary “to have
special equipment for ketoacidosis, in order to revive her from a diabetic coma that she could
go into at any moment.” He added that her diabetes was not controlled and that “it is subject
to external factors at any time.” He said that at that moment Mrs. Chinchilla’s life was not in
danger; however, when asked if she was in danger of dying from her disease if she was
imprisoned, he said that “it [was] possible, given all the complications that she has” and that
“it [was] impossible to predict when.” When asked if the lack of adequate means to treat
diabetic coma or a complication could be fatal, he answered “yes.” He said that Mrs. Chinchilla
needed 40 units of insulin in the morning and 15 in the afternoon and that internal occlusive
arteriosclerosis “[was] indeed [a terminal disease].” He added that he was aware of the
cervical cancer but “NOT […] OF ITS DEGREE” and that he could not say definitively “IF IT
[WAS] TERMINAL OR NOT.” Regarding the hypertension, he said the Center “only [had]
CAPTOPRIL” and “WHEN IT WAS IN STOCK, YES [the COF provided it].”
125.
Next, Mrs. Chinchilla spoke and said:
[…] being an amputee, I have to prepare my own food, because I cannot eat what the Center
offers me; I cannot eat sugar, fats or condiments; sometimes I have some and sometimes I
don´t; sometimes I can rely on my family and sometimes not. […] How can I contact my family
if the telephone to which I could have access is too high for me to reach and the transportation
is so limited … I don’t have anyone to do things for me. I don’t have warders or a friend to help
me do it and, as regards my health, as has been made clear, the Center does not have the
necessary equipment, nor does it provide me with medicines, not even insulin, which I have to
obtain by my own means […] I’ve already nearly lost my sight in my right eye and half in the
left eye, so I appeal to your sense of humanity […], my health is deteriorating daily and I ask
you to take into account that because of my advanced age I am not going to be able to recover.190
126.
On August 29, 2003 the judge decided that the motion was “without merit”,
considering that Mrs. Chinchilla “can receive adequate treatment at the prison […] and not
necessarily outside it […],”191 based on the following:
Cf. Incidental Motions for Early Release. Judiciary. Second Criminal Enforcement Court. Enforcement No.
429-96 Of. 7. Remission of Sentences File No. 169-03. Record of Evidence Hearing of August 29, 2003 (evidence file,
folios 913-928).
190
Cf. Incidental Motions for Early Release. Judiciary. Second Criminal Enforcement Court. Enforcement No.
429-96 Of. 7. Remission of Sentences File No. 169-03. Decision of the Judge of the Second Criminal Enforcement
Court of August 29, 2003 (evidence file, folios 929-931).
191
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