not located him and that “they should rather pressure the PJ (Judicial Police) for them to attend and carry out
the prior investigations at the hospital.” 122
66.
On February 12, 2004, a hospital social worker went to the Judicial Police. 123 She stated that
she had spoken with the sergeant responsible for the case, who stated that:
(…) the complaint issued by the mother of the patient is based on maybe (sic) something [that]
happened at the hospital and they do not want to let her know about it and therefore the
hospital is ignoring finding her son. 124
67.
According to an official letter from the Fire Department of the Metropolitan District of Quito,
between February 12 – 15 they carried out a search for Mr. Guachalá, without result. It stated that the search
was carried out because of a request made by a social worker from the hospital. 125
68.
On June 10, 2004, the National Directorate of the Defense of the Rights of the Elderly and
Person with Disabilities (DINATED) sent a communication to the Julio Endara Psychiatric Hospital. 126 The
DINATED expressed its concern about the lack of information about his disappearance that occurred between
January 17 and 18, 2004. 127
69.
On June 30, 2004, Jenny Beltrán, a social worker at the Julio Endara Psychiatric Hospital,
replied to DINATED’s communication. 128 Ms. Beltrán stated that January 17 and 18, 2004 was a weekend and
“therefore she did not know about the event until Monday January 19 in the office meeting held every morning
of office days.” 129 She added that once she was aware of the disappearance of Mr. Guachalá, “they proceeded to
carry out the respective proceedings that the case requires.” 130
70.
On April 7, 2005 a doctor at the hospital, Sonia Sánchez, informed the director of said center
that they performed forensic dental exams on two unidentified cadavers found on August 13 and September
18, 2004. 131 She held that the results do not match with Mr. Guachalá. 132
G.
About the legal actions presented
1.
Complaint before the Judicial Police
71.
On January 21, 2004, Ms. Chimbó filed a complaint before the Judicial Police of Pichincha about
her son’s disappearance. 133 The State indicated that the Office of the District Prosecutor of Pichincha began a
prior investigation. 134 The same date, the prosecutor agent of the Unit of Crimes against Life of Pichincha
requested: i) Ms. Chimbó’s affidavit; and ii) reconnaissance of the place of the events. 135
72.
On February 3, 2004, Ms. Chimbó gave her judicial declaration. 136 Likewise, nurse Luis Borja
indicated that he gave his declaration before the Judicial Police and stated the following:
Annex 3. Report of the Julio Endara Psychiatric Hospital, Social Work. Annex to the initial petition.
Annex 3. Report of the Julio Endara Psychiatric Hospital, Social Work. Annex to the initial petition.
124 Annex 3. Report of the Julio Endara Psychiatric Hospital, Social Work. Annex to the initial petition.
125 Annex 15. Letter of the Fire Department of the Metropolitan District of Quito, 4 October 2004. Annex to the communication of the State
of May 20, 2016, p. 8.
126 Annex 2. Communication of Jenny Beltrán, Julio Endara Psychiatric Hospital, 30 June 2004. Annex to the initial petition.
127 Annex 2. Communication of Jenny Beltrán, Julio Endara Psychiatric Hospital, 30 June 2004. Annex to the initial petition.
128 Annex 2. Communication of Jenny Beltrán, Julio Endara Psychiatric Hospital, 30 June 2004. Annex to the initial petition.
129 Annex 2. Communication of Jenny Beltrán, Julio Endara Psychiatric Hospital, 30 June 2004. Annex to the initial petition.
130 Annex 2. Communication of Jenny Beltrán, Julio Endara Psychiatric Hospital, 30 June 2004. Annex to the initial petition.
131 Letters of Sonia Sánchez to Rommel Artieda, 7 April 2005. Annex to the petitioners communication received on May 25, 2011.
132 Letters of Sonia Sánchez to Rommel Artieda, 7 April 2005. Annex to the petitioners communication received on May 25, 2011.
133 Annex 12. Complaint of Zoila Chimbó, 21 January 2004. Annex 9 to the initial petition.
134 Communication of the State of May 20, 2016.
135 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.
136 Annex 7. Declaration of Zoila Chimbó before the Judicial Police of Pichincha, 3 February 2004. Annex 4 to the initial petition.
122
123
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