The Commission considered the fact that although Mrs. Chinchilla had applied several times for “remission of sentence” citing her deteriorating health and the problems with the treatment she was receiving, she did not receive effective judicial protection. Furthermore, the investigation undertaken by the State did not determine whether the established causes of her death (“pulmonary edema” and “hemorrhagic pancreatitis”) were the result of a lack of proper medical care and the detention conditions in which Mrs. Chinchilla was held. To this day, the various types of blame that may attach to her death have never been established. The State ratified the American Convention on Human Rights on May 25, 1978, and accepted the contentious jurisdiction of the Court on March 9, 1987. The Commission has designated Commissioner James Cavallaro and Executive Secretary Emilio Álvarez Icaza L. as its delegates. Likewise, Elizabeth Abi-Mershed, Deputy Executive Secretary, Silvia Serrano Guzmán and Jorge Humberto Meza F., attorneys with the Executive Secretariat of the IACHR, have been designated to serve as legal advisors. In accordance with Article 35 of the Rules of Procedure of the Inter-American Court, the Commission is enclosing a copy of Merits Report No. 7/14, prepared in compliance with Article 50 of the American Convention, as well as a copy of the entire file of the case before the Inter-American Commission (Appendix I) and the annexes used in preparing report 7/14 (Annexes). The State was notified of the Merits Report by a communication dated May 19, 2014, in which it was given two months to report on its compliance with the recommendations made therein. The Guatemalan State submitted a report in which it stated that it had not committed the violations of the American Convention declared in the Merits Report and hence was not called upon to order reparations of any kind for Mrs. Chinchilla. The Commission, therefore, decided to submit this case to the jurisdiction of the Inter-American Court because of the need to obtain justice for the victim. The Inter-American Commission is submitting to the Court’s jurisdiction all the facts and human rights violations described in Merits Report 7/14. Accordingly, the Commission is asking the Court to adjudge and declare the international responsibility of the State of Guatemala for the following: 1. Violation of the right to life protected under Article 4(1) of the American Convention, in conjunction with Article 1(1) thereof, to the detriment of Mrs. María Inés Chinchilla Sandoval. 2. Violation of the right to personal integrity, protected under Article 5(1) of the American Convention, in conjunction with Article 1(1) thereof, to the detriment of Mrs. María Inés Chinchilla Sandoval.

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