35.
On January 10, 2004, Ms. Chimbó took her son again to the Julio Endara Psychiatric Hospital. 28
Mr. Guachalá was received by the resident medical doctor and the nursing staff. 29 According to the institution’s
report, the reason for his admission was due to the following factors: “Physical and verbal aggressiveness,
impulsiveness, disruptive conduct, insomnia, mutism, hallucination attitudes, generalized (…) convulsive
crises.” 30 It was indicated that it had been one week since Mr. Guachalá had suspended the use of prescription
medication and thus there was a “reappearance of a psychopathological episode.” 31
36.
Ms. Chimbó stated that she signed a document holding her responsible for the purchase of the
medications. 32 She also held that she paid the amount of $10.00. 33 The document signed by Ms. Chimbó states
the following:
The undersigned (…) Rosario Chimbó (…) authorizes the doctors of the hospital to carry out
the treatments that they consider convenient on the patient Luis Eduardo Guachalá Chimbó
and are aware of the risks thereof.
We commit to collaborate with the necessary medication, in addition we will look after the
patient during the time of hospitalization in this health facility, visiting him according to the
frequency advised by the treating doctors and providing the essential elements for his clothing
and personal care.
We know that the hospital foresees all possibility of escape and accident, but in case this
happens it is not liable of the consequences. 34
37.
Ms. Chimbó stated that she accompanied her son to a room with six beds. 35 She expressed that
only one of the beds was occupied by a person “that was like dead.” 36 She held that the doctor ordered a nurse
to inject a tranquilizer to Mr. Guachalá. 37 She added that the nurse that was in the room had a smell “as if he
just had alcohol.” 38 She held that said nurse was shaking and “injected (her son) over six times in one arm (…)
(because) he could not find the vein.” 39 She held that once her son Luis was properly injected “he remained like
dead, not like the first time when I took him in May when he was injected.” 40
38.
Ms. Chimbó received a list of cleaning objects she should buy: toilet paper, soap, comb,
toothbrush, and toothpaste. 41 She stated that Mr. Guachalá was given used clothes, which according to the nurse
“were donated by other persons and (…) were given to the sick patients.” 42
39.
Ms. Chimbó asked the doctor whether it was possible to visit her son the next day. 43 The doctor
indicated it was better to come back on Monday because her son “was going to be asleep on Saturday and
Sunday.” 44
D.
About the events at the hospital between January 11 and 16
Annex 6. Affidavit of Zoila Chimbó, 27 September 2005. Annex 3 to the initial petition.
Annex 1. Medical Report of the Julio Endara Psychiatric Hospital. Annex to the initial petition.
30 Annex 1. Medical Report of the Julio Endara Psychiatric Hospital. Annex to the initial petition.
31 Annex 5. Entry sheet of Luis Guachal��, Julio Endara Psychiatric Hospital, 10 January 2004. Annex 2 to the initial petition.
32 Annex 6. Affidavit of Zoila Chimbó, 27 September 2005. Annex 3 to the initial petition.
33 Annex 7. Declaration of Zoila Chimbó before the Judicial Police of Pichincha, 3 February 2004. Annex 4 to the initial petition.
34 Authorization of the Julio Endara Psychiatric Hospital, 10 January 2004. Annex to the communication of the State of January 7, 2015.
35 Annex 6. Affidavit of Zoila Chimbó, 27 September 2005. Annex 3 to the initial petition.
36 Annex 6. Affidavit of Zoila Chimbó, 27 September 2005. Annex 3 to the initial petition.
37 Annex 6. Affidavit of Zoila Chimbó, 27 September 2005. Annex 3 to the initial petition.
38 Annex 6. Affidavit of Zoila Chimbó, 27 September 2005. Annex 3 to the initial petition.
39 Annex 6. Affidavit of Zoila Chimbó, 27 September 2005. Annex 3 to the initial petition.
40 Annex 6. Affidavit of Zoila Chimbó, 27 September 2005. Annex 3 to the initial petition.
41 Annex 6. Affidavit of Zoila Chimbó, 27 September 2005. Annex 3 to the initial petition.
42 Annex 6. Affidavit of Zoila Chimbó, 27 September 2005. Annex 3 to the initial petition.
43 Annex 6. Affidavit of Zoila Chimbó, 27 September 2005. Annex 3 to the initial petition.
44 Annex 6. Affidavit of Zoila Chimbó, 27 September 2005. Annex 3 to the initial petition.
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