4
21. TGGL was born on January 8, 1995, in the city of Cuenca, in the Province of Azuay. 5 Her mother is
TL and her father is SEG6 (hereinafter “TGGL’s mother” and “TGGL’s father”, respectively). TGGL’s father,
mother and brother are not HIV carrier.7
22. On June 20, 1998, TGGL, then aged three, was taken by her mother to the Catholic University
Hospital8 where she was admitted for two days. Subsequently, TGGL’s mother took her to the Pablo Jaramillo
Humanitarian Clinic Foundation where she was diagnosed with thrombocytopenic purpura9 and which
showed that the little girl needed an urgent blood and platelet transfusion.10
23. As regards TGGL’s medical condition on admission to the Humanitarian Clinic, Doctor Pablo
Arturo Monsalve indicated that “she showed signs of a serious general condition with bleeding from the nose
and from the skin tissue (ecchymosis and widespread petechiae), she showed no response to pain stimuli and
her vital signs showed that she was close to death.” 11 He added that “she showed a clinical condition
characterized by hemorrhaging from different areas, both nasal, skin and mucus. Thus, on examination, she
presented extreme paleness (…) with her vital signs on the verge of collapse”12. For their part, the medical
experts indicated that the constant clinical signs included epistaxis (nasal bleeding), hematemesis (blood in
the vomit), signs of plateletopenia and symptoms of acute anemic syndrome, secondary to the nasal
bleeding.13
24. Due to the indication given at the hospital as to the necessity of performing a blood and platelet
transfusion, TGGL’s mother went to the Azuay Red Cross Blood Bank where she was told to bring donors. 14
For this reason she asked acquaintances to help by giving blood. Among the donors was Mr. HS, who is the
steady partner of a friend of TGGL’s mother.15
5 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05. Superior
Court of Justice of Cuenca. First Chamber. TGGL’s Birth Certificate. Folio 219.
6 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05. Superior
Court of Justice of Cuenca. First Chamber. TGGL’s Birth Certificate. Folio 219.
7 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05. Superior
Court of Justice of Cuenca. First Chamber. TGGL’s mother’s brief presented on December 14, 1998, and results of the her mother’s,
brother’s and father’s HIV tests, Folios 35 – 38.
8 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05. Superior
Court of Justice of Cuenca. First Chamber. Private Prosecution of May 16, 2001. Folios 145 and 146.
9 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05. Superior
Court of Justice of Cuenca. First Chamber. Statement of Pablo Monsalve of November 23, 1998. Folios 307 and 308.
10 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05.
Superior Court of Justice of Cuenca. First Chamber. TGGL’s medical history between June 22, and 29, 1998. Folio 50. Almost totally
illegible.
11 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05.
Superior Court of Justice of Cuenca. First Chamber. Statement of Pablo Arturo Monsalve Toral on October 19, 1998. Folio 279 and 280.
12 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05.
Superior Court of Justice of Cuenca. First Chamber. Statement of Pablo Monsalve of November 23, 1998. Folios 307 and 308.
13 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05.
Superior Court of Justice of Cuenca. First Chamber. Expert witness report of Drs. Juan Peralvo Roman and Nardo Vivar Idrovo of August
16, 1999. Folios 67 to 74.
14 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05.
Superior Court of Justice of Cuenca. First Chamber. Request to reopen summary proceedings of September 14, 1999. Folios 76-78; Annex
2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05. Superior Court of Justice of
Cuenca. First Chamber. TGGL’s mother’s private prosecution of December 22, 1999. Folio 85; and Annex 2. Court File. Second Criminal
Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05. Superior Court of Justice of Cuenca. First Chamber.
Statement of TGGL’s mother of November 15, 1998. Folio 284.
15 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05.
Superior Court of Justice of Cuenca. First Chamber. Request to reopen summary proceedings of September 14, 1999. Folios 76-78; Court
File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05. Corte Superior Court of Justice of
Cuenca. First Chamber. HS’s statement of November 18, 1998. Folio 270; and Annex 2. Court File. Second Criminal Court of Cuenca.