97. In the State’s report of 2016, the State asserted that, despite the proceedings carried out by the Attorney General’s Office of Ecuador, “it has not been possible to determine the whereabouts of the alleged victim.” 187 3. Complaint before the Ombudsman 98. On April 2, 2004, the INREDH presented a complaint before the Ombudsman (Defensoría del Pueblo) about the disappearance of Mr. Guachalá. 188 Said request was addressed to the National Directorate of the Defense of the Rights of the Elderly and Persons with Disabilities (DINATED). 189 On October 5, 2004, DINATED convened a hearing in which Ms. Chimbó participated. 190 In said proceeding, Ms. Chimbó expressed her concern about the lack of clarification of the facts related to the disappearance of her son. 191 For their part, the representatives of Ms. Chimbó argued that the hospital communicated to the State authorities about the disappearance of Mr. Guachalá two days after the events took place. 192 They also requested DINATED to undertake various proceedings such as: i) receiving the statement of a nurse allegedly with Mr. Guachalá before his disappearance; ii) contacting all the medical and nursing personnel on duty at the time; and iii) gathering information from the Judicial Police and the Public Ministry about the investigation of the case. 193 99. On October 7, 2004, the director of DINATED issued a resolution stating that it would take over the case as it fulfilled the legal requirements. 194 100. On February 17, 2005, the Director of DINATED issued a communication to the Health Minister. 195 He stated that they should undertake the necessary proceedings to carry out a DNA test on a cadaver at the Police morgue, whose cost would be covered by the Julio Endara Hospital. 196 This, because of the “total responsibility that (the hospital) for this disastrous event; that remains unsolved for a year and given that Ms. Zoila Chimbó Jarro (…) has very limited financial resources.” 197 Likewise, he requested that “the necessary dispositions be issued for the adequate investigation of this case.” 198 101. investigation. 4. The IACHR has no information about additional proceedings adopted in the context of this Writ of habeas corpus 102. On November 29, 2004, the INREDH filed a writ of habeas corpus before the Mayor of Quito in favor of Mr. Guachalá. 199 In its request it stated that to date the hospital has not provided information about the circumstances under which Mr. Guachalá could have left said institution. 200 It stated that the events constitute inadmissible negligence on the part of the personnel of said hospital, which is a dependency of the Ministry of Public Health of Ecuador. 201 Likewise, it was stated that the Prosecutor’s Office of Pichincha has been unable to determine the whereabouts of Mr. Guachalá. 202 Communication of the State of October 28, 2016. Annex 13. Resolution of the Constitutional Tribunal, 6 July 2006. Annex 10 to the initial petition. 189 Communication of the petitioners received on May 25, 2011. 190 Communication of INREDH, 6 October 2004. Annex to the communication of the petitioners received on May 25, 2011. 191 Communication of INREDH, 6 October 2004. Annex to the communication of the petitioners received on May 25, 2011. 192 Communication of INREDH, 6 October 2004. Annex to the communication of the petitioners received on May 25, 2011. 193 Communication of INREDH, 6 October 2004. Annex to the communication of the petitioners received on May 25, 2011. 194 Resolution of DINATED, 14 October 2004. Annex to the communication of the petitioners received on May 25, 2011. 195 Communication of José Oña to the Minister of Health, February 17, 2004. Annex to the communication of the petitioners received on May 25, 2011. 196 Communication of José Oña to the Minister of Health, February 17, 2004. Annex to the communication of the petitioners received on May 25, 2011. 197 Communication of José Oña to the Minister of Health, February 17, 2004. Annex to the communication of the petitioners received on May 25, 2011. 198 Communication of José Oña to the Minister of Health, February 17, 2004. Annex to the communication of the petitioners received on May 25, 2011. 199 Writ of habeas corpus, 29 November 2004. Annex to the communication of the petitioners received on May 25, 2011. 200 Annex 13. Resolution of the Constitutional Tribunal, 6 July 2006. Annex 10 to the initial petition. 201 Annex 13. Resolution of the Constitutional Tribunal, 6 July 2006. Annex 10 to the initial petition. 202 Annex 13. Resolution of the Constitutional Tribunal, 6 July 2006. Annex 10 to the initial petition. 187 188 16