28.
Ms. Chimbó declared that on May 2003 she took her son to the Julio Endara Psychiatric
Hospital. 22 Said hospital is a dependency of Ecuador’s Ministry of Public Health. 23 The State detailed that this
hospital constitutes a public institution of Third Level of Specialized Attention in Mental Health. 24 According to
the hospital’s documentation, it has an area of 303,897 square meters “with extensive gardens and green
areas.” 25 Likewise, it states that the hospital has the objective “to provide better assistance to the patients
suffering mental diseases.” 26
29.
The details described below about the first admission to the hospital and what happened later,
result from the affidavit of Luis Guachalá’s mother. 27 Ms. Chimbó stated that a neighbor recommended said
hospital because he had been in that institution for some time, and that there “they could cure her son.” She
held that she decided to take him to the hospital because her son had “become sick, and became aggressive.”
She stated that upon arriving, Luis Guachalá was examined by a hospital’s doctor, who said that her son “had
to remain hospitalized” and that she should buy the medication for him. Ms. Chimbó expressed that she signed
some documents in order to authorize her son to remain in the hospital for one month.
30.
She held that Luis Guachalá remained in the hospital for the entire month of May 2003. She
indicated that she visited him once every two days for three hours approximately and she never had any
problems entering and talking to her son. She also stated that she would regularly talk to the medical staff of
the hospital, who informed her about the health condition of her son.
31.
She stated that during the first conversation she had with her son, he asked her why he had
been left at the hospital. She expressed that it was for him to cure himself. She held that a week after being
admitted, her son Luis stated that “he wanted to go home.” She stated that she said “no, he should leave that
place cured.” She held that after that “he remained calm.”
32.
Ms. Chimbó held that on one occasion her son expressed concern that in the hospital they beat
“the sick persons that are (…) in the worst condition.” He stated that he had not been beaten. She also expressed
that her son stated that “one of the nurses was rude (…), he would take away the apples, the mandarins that
(…) left for him.”
33.
Ms. Chimbó stated that at the end of May, the doctor of the hospital, Erika Quimbiulco, said
that Luis would be discharged. Ms. Chimbó stated that in June she should have taken her son for a new
examination but she could not take him because of lack of money. She stated that there was no follow up on
behalf of the medical staff or social workers of the hospital.
34.
Ms. Chimbó expressed that by December 2003 the crises of her son returned and were
aggravated. She held that at the beginning of January 2004 the following happened with her son Luis:
(…) he started laughing by himself, to look to the roof, grabbed objects and stared at them, like
gone, like absent, he would not realize that he was with other persons, he would relieve
himself in his pants without warning, I had to bathe him (…). He also became aggressive and
since January 7 he would not eat anymore (…). The epileptic crises happened every half hour
since January 8 (…). On January 9 he woke up in a worst condition, he would not recognize
anyone, the crises continued, he was aggressive, and at one time he pushed me, it seems he
realized, he stopped and tears came out, he did not eat a thing.
C.
About the admission of Luis Guachalá to the Julio Endara Psychiatric Hospital in January
2004
Annex 6. Affidavit of Zoila Chimbó, 27 September 2005. Annex 3 to the initial petition.
Annex 13. Resolution of the Constitutional Tribunal, 6 July 2006. Annex 10 to the initial petition.
24 Communication of the State of May 20, 2016.
25 Letter No. 202-G-HJE-2016, 21 March 2016. Annex 11 to the communication of the State of May 20, 2016.
26 Letter No. 202-G-HJE-2016, 21 March 2016. Annex 11 to the communication of the State of May 20, 2016.
27 Annex 6. Affidavit of Zoila Chimbó, 27 September 2005. Annex 3 to the initial petition.
22
23
5