8
blood from this donor was given wholly as blood to another person days afterwards) 32 and under the name
of the staff member taking one of the samples who, according to the statements, was not present during
working hours. They added that “at the Blood Bank there is no registry of the times when the units were
extracted from the donors.”33 Regarding the first contradiction, in a supplementary experts’ report, the
doctors indicated that in effect the blood of donor 43146 was given as TB, total blood, to Mrs. Ana Plaza
Suconota on June 25, 1998.34
37. In regard to the question relating to the date and time that Mr. Henry Salazar ‘s blood was
received, they indicated that it cannot be established since there is no such registry entry. They added that
there is no “record of the tests performed on June 22 on Mr. Henry Salazar’s blood as, according to oral
statements from Dr. Pablo Monsalve and Mrs. Mariana Ramírez, the urgent tests done as from 18:00 hs (…)
were not registered in any book or log; but they state that they are performed by duty personnel and
registered the following day.”35
38. The expert witnesses indicated that it was impossible to have definitive findings from the
registries and therefore suggested a fresh specialized examination for a genetic match between TGGL’s and
HS’s virus. As outlined in the section dealing with the criminal trial, after many requests, the blood samples
were finally sent to the Catholic University of Louvain, in Belgium. In order to perform the specialized test,
Professor Marc Van Ranst, of the said university, required a sample from two HIV positive volunteers, and
from TGGL and the donor HS. The samples were taken in the laboratory in the presence of the expert
witnesses and were then “packed” in refrigeration gel to be taken to Quito the following day; they were then
handed over to Dr. Juan Herteleer, a Dutch physician, who travelled to Belgium the following day. Five days
afterwards an email was received from this doctor confirming that he had handed the samples to Dr. Marc
Van Ranst.36
39. What follows is a transcription of the relevant sections of the Report of the University of Louvain,
based upon four samples. Samples 1 and 2 belonged to TGGL and to HS, respectively. Samples 3 and 4
belonged to the two volunteers:37
In response to the request to reassess the RNA-nucleotide sequence of different blood
samples infected with HIV and to establish whether they are identical or not, we were
required to undertake this investigation on different blood samples. As one of the world’s
leading research institutes into HIV, as well as one of the few institutes in Europe possessing
the necessary technology and equipment (…) we were both challenged and honored by this
request.38
32 They explained that it was not possible to extract a platelet from a sample and maintain the blood whole to give it in the
form of “total blood”.
33 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 August 16, 1999, of Drs. Juan Peralvo Roman and Nardo
Vivar Idrovo. Folios 67 to 74.
34 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. Amplification of expert witnesses of July 10, 2000, and list of transfusions. TGGL’s
mother’s brief of May 5, 2000. Folios 107 and 108.
35 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 August 16, 1999, of Drs. Juan Peralvo Roman and Nardo
Vivar Idrovo. Folios 67 to 74.
36 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 Ana Cordero of September 3, 2013. Folio 214; 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. Brief of Expert Witnesses Peralvo and Vivar of August 29, 2000. Folios 212 and 213.
37 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. Dr. Urgilez’s translation received on February 14, 2001. Folio 130.
38 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. Report of the University of Louvain. Folios 124 and 125.