REPORT No. 7/14 CASE 12.739 MERITS MARÍA INÉS CHINCHILLA SANDOVAL GUATEMALA April 2, 2014 I. SUMMARY 1. On March 23, 2005, the Inter-American Commission on Human Rights (hereinafter “the Commission”, “the Inter-American Commission,” or “the IACHR”) received a petition lodged by the Institute for Comparative Studies in Criminal Sciences (Instituto de Estudios Comparados en Ciencias Penales) through its legal representative, Alejandro Rodríguez Barrillas (hereinafter “the petitioner”), against the State of Guatemala (hereinafter “the State,” “the Guatemalan State,” or “Guatemala”) for acts connected with the death of María Inés Chinchilla (hereinafter “the alleged victim”) on May 25, 2004, allegedly as a result of a failure to receive proper medical attention at the facility where she was deprived of liberty. 2. The petitioner says that in spite of the fact that the State was aware of the ailments and illnesses from which Ms. Chinchilla suffered, they failed to provide her with adequate medical care, which resulted in her being hospitalized on multiple occasions. The petitioner says that several times the judge refused Ms. Chinchilla permission to go to medical appointments and that on the day she died she was not received adequate medical care either. The petitioner holds that the State has not diligently investigated Ms. Chinchilla's death. For its part, the State says that it is not responsible since it supplied adequate medical care. It says that the illnesses from which Ms. Chinchilla suffered were not attributable to the conditions of her detention, that she was granted leave on multiple occasions to go for medical appointments, and that she was taken to the emergency room whenever that proved necessary. The State says that on the day she died Ms. Chinchilla received adequate care from one of the nurses at the Female Orientation Center (Centro de Orientación Femenino) (hereinafter “COF”) and since her death was from “natural” causes, there was no crime to prosecute. 3. Having examined the arguments as to fact and law offered by the parties, the Commission has concluded that the State is responsible for the violations of the rights recognized in Articles 4, 5, 8, and 25 of the American Convention on Human Rights to the detriment of María Inés Chinchilla Sandoval, and of the rights enshrined in Articles 8 and 25 thereof to the detriment of the next of kin named in the relevant section of this report; all of these rights being taken in conjunction with Articles 1 (1) and 2 of the American Convention. II. PROCESSING SUBSEQUENT TO ADMISSIBILITY REPORT 136/09 4. After it received the initial complaint, the Commission proceeded to open it as petition 32105 and begin its processing. On November 13, 2009, the Commission adopted the Report 136/09 in which it declared the case admissible.1 On December 2, 2009, the Commission transmitted the report on admissibility to the parties and granted the petitioner two months to submit arguments as to merits. In the same communication, the Commission placed itself at the disposal of the parties with a view to reaching a friendly settlement of the matter. 5. The Commission received the petitioner’s observations on merits on March 3, 2010, and those of the State on July 13, 2010. On February 26, 2010, the petitioner notified the IACHR that Ms. Marta María Gantenbein Chinchilla and Luz de María Juárez Chinchilla, daughters of Maria Ines Chinchilla Sandoval, had expressed their desire to participate in the proceedings as victims in the case. In addition, the IACHR 1 IACHR, Report No. 136/09 Petition 321/05, Admissibility, María Inés Chinchilla Sandoval, Guatemala, November 13, 2009. Available at: http://www.cidh.oas.org/annualrep/2009eng/Guatemala321-05eng.htm

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