(…) the hospital is not a closed hospital and there is always a possibility of patients leaving because during those days trees surrounding the hospital were being cut down, which damaged part of the enclosure. (…) [W]hen a patient is admitted to the hospital their next of kin signs a document whereby they do not hold the hospital liable in these cases given the critical condition of the patients, in spite of the care that is provided here, of which they were duly informed. 137 73. On March 22, 2004, the Provincial Chief of the Judicial Police filed before the Prosecutor’s office a report of the proceedings undertaken. 138 Said report stated that they took the declarations of some of the hospital personnel. 139 The IACHR does not have said declarations. 74. The petitioners stated that autopsies were performed on two cadavers found on August 13 and September 18, 2004, respectively, which did not correspond to Mr. Guachalá. 140 For its part, the State maintained that on October 18, 2004, the expert credentialed by the Public Ministry submitted to the Prosecutor’s Office his expert report of reconnaissance of the place of the events. 141 The State did not mention anything about the form by which said reconnaissance was made or of the results obtained. 75. Ms. Chimbó sent communications to the Prosecutor’s Office on November 26, 2004, and on January 28 and July 4, 2005, requested that various proceedings be undertaken. 142 The State held that the prosecutor appointed to the investigation informed Ms. Chimbó that several of the procedures requested by Ms. Chimbó had already been done, and in relation to the others, “they would be carried out at the moment it is considered timely.” 143 76. On July 12, 2005 the Director of the hospital, Rommel Artieda, made his declaration before the Twenty First Judge of Civil Matters of Pichincha. 144 Mr. Artieda stated that the medical condition of Mr. Guachalá was “unstable, thus the medical personnel of the hospital provided him all the priority, preference, specialized attention and necessary care.” 145 He added that: (…) since this is a psychiatric hospital, it has a large area, where the patients move freely and calmly, the enclosure has a medium height, and patients not seeing their next of kin, in their desperation, try to leave the premises, as has happened with Mr. Luis Guachalá. 146 77. The State informed that on July 13, 2005, the forensic odontologist appointed to the case submitted a report to the Prosecutor’s Office stating that a study of the teeth of Mr. Guachalá and two unidentified cadavers had been done, with negative results. 147 78. Ms. Chimbó stated that since she filed her complaint until mid-2005, she had to pay for the mobilization of the agents of the Judicial Police to the hospital. 148 She held that despite her request, no major proceedings were undertaken, and the information from one of the patients about the possible death of Mr. Guachalá was not recorded. Annex 6. Affidavit of Zoila Chimbó, 27 September 2005. Annex 3 to the initial petition. Annex 15. Letter of the Office of the Attorney General of the State, 21 March 2016. Annex 9 to the communication of the State of May 20, 2016. 139 Annex 15. Letter of the Office of the Attorney General of the State, 21 March 2016. Annex 9 to the communication of the State of May 20, 2016. 140 Communication of the petitioners received on May 25, 2011. 141 Communication of the State of May 20, 2016. 142 Annex 15. Letter of the Office of the Attorney General of the State, 21 March 2016. Annex 9 to the communication of the State of May 20, 2016. 143 Communication of the State of May 20, 2016. 144 Declaration of Rommel Artieda, 12 July 2005. Annex to the communication of the petitioners received on May 25, 2011. 145 Declaration of Rommel Artieda, 12 July 2005. Annex to the communication of the petitioners received on May 25, 2011. 146 Declaration of Rommel Artieda, 12 July 2005. Annex to the communication of the petitioners received on May 25, 2011. 147 Communication of the State of May 20, 2016. 148 Annex 6. Affidavit of Zoila Chimbó, 27 September 2005. Annex 3 to the initial petition. 137 138 12