7 problem with his blood; they replied that he should not worry, that “it was to maintain the sample at the Red Cross.” He added that a week later they called to inform him that he was infected with the HIV 28 virus, and then other tests were performed confirming that he was infected with HIV. 29 C. Regarding the current evidence as to the cause of the infection 32. At the request of TGGL’s mother, in October 1998, a gynecological certificate was issued which stated as follows: “for the present she is asymptomatic. At the mother’s request a gynecological examination was undertaken, indicating: external genitalia with normal characteristics with no evidence of recent or past trauma lesions; additionally, it is noted that the hymeneal membrane shows normal characteristics.” 30 33. The individuals under investigation in the context of the criminal trial are Claudio Arias (President of the Azuay Red Cross); Pablo Monsalve (doctor of hematology who diagnosed TGGL at the Humanitarian Clinic); Mariana Ramírez (lab technician who took Mr. HS’s samples); Bertha Regalado (intern at the clinic who provided platelets for TGGL); and Edith Orellana (a biochemist who performed the tests, on the following day, on HS’s blood). According to an overall review of their many statements, it turns out that in their version, HS’s blood was not delivered for TGGL either as fresh blood or as platelets. There is no documentation corroborating the truth of this version. The few existing documents were rejected by the experts, as indicated below. Moreover, Mr. Pablo Monsalve has indicated that the thrombocytopenic purpura can be activated by the HIV, suggesting that TGGL was living with HIV before the transfusion. It is relevant to mention that there is no evidence indicating that TGGL was living with HIV before her entry to the hospital of the Humanitarian Clinic. 34. The Commission notes that throughout the criminal proceedings there were various experts’ reports and orders for the inspection of files. At different times reference is made to irregularities and omissions in the registries. 35. Thus, during an inspection of the archives of the Blood Bank, it was noted that each donor had a code assigned on the computer database; that for HS, Galo Calle, Luis Orellana, Janeth Pérez, Rolando Ordóñez and Wilson Morocho the corresponding numbers were 43137, 43144, 43141, 43149, 43146 and 43142, respectively. Donor 43137 has a positive result for HIV. The record of the inspection of the archives indicates that: “from the observations it was found that no test dated June 22, 1998, was administered to the donors in question, but rather on June 23, 1999; in addition, there are smudges in the dates in which the tests were carried out, as well as other smudges on other dates.31 36. On August 16, 1999, the first medical experts report was prepared by doctors Peralvo and Vivar, appointed in the context of the criminal proceedings reported below. In regard to the question of which blood and from which donor the platelets used in TGGL’s transfusion was obtained, they indicated that according to the available records, two contradictions were found and described in detail in the experts’ report. These contradictions were based on a situation described as impossible in scientific terms (the assumption that the blood of donor 43146 was given to TGGL, when there was evidence showing that the 28 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 HS of October 20, 1998. Folio 283. 29 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 HS of November 18, 1998. Folio 270; 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. Result of HS’s blood test of July 7, 1998. Folio 47; 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. Result of HS’s blood test of August 13, 1998. Folio 48. 30 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. Gynaecological Certificate of October 27, 1998. Folio 34. 31 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. Record of Inspection of Archives of May 18, 2000. Folio 102.