47. On August 7, 14 and 28, 2000, Melba Peralta Mendoza filed briefs before the said judge requesting that the proceedings be expedited by implementation of the pertinent probative actions. 57 The Criminal Judge issued notes requesting the following evidence: the patient’s medical records; the inspection of the site of the facts; the verification of the employment situation of Dr. Emilio Guerrero and of the Minchala Clinic, and a medical examination of Melba Suárez Peralta. 58 48. In response to these notes, on September 1, 2000, the Employment and Human Resources Sub-secretariat for the Coast and Galápagos reported that there was no record that Emilio Guerrero had completed the formal requirements for the approval of his employment activities or to obtain a work permit. 59 Similarly, according to the testimony of Jenny Bohorquez, “[Dr.] Emilio Guerrero was hired by [a] lawyer […] to perform medical procedures, either consultations or surgery, for a Foundation named ‘Genovanny Francisco,’ and, in order to legalize his stay in the country and his surgical operations, [she] assumed them, so that when he performed an operation, he was named [her] assistant and, during this time, Dr. Emilio Guerrero was accrediting his qualifications.” 60 Similar information was provided by the Coordinator of the Provincial Health Control and Supervision Process of the Guayas Provincial Health Directorate, Ministry of Public Health, who certified, on August 9, 2012, that [t]here was no document registered for Drs. Emilio Guerrero Gutiérrez and Jenny Bohórquez that accredited them as medical professionals.” 61 49. On September 6, 2000, Melba Suárez Peralta provided her preliminary testimony before the Criminal Judge, describing what happened during the operation in the Minchala Clinic and the subsequent medical treatment that she received in the Luis Vernaza aggrieved person […]; SECOND. Receive the statement of the accused […]; THIRD. Inspect the site of the facts […] on August 23, 2000, starting at 11 a.m.; FOURTH. [Request] copies […] of Medical Record No. 891938 of the patient Melba Suárez Peralta; FIFTH. [Request] the immigration documentation with which Dr. Emilio Guerrero Gutiérrez entered the country; SIXTH. [Request from the] Minchala Clinic […] the medical records of the patient Melba del Carmen Peralta (sic); SEVENTH. [Contact the] Immigration Department of the National Police to inform them about the case; EIGHTH. [Request] the Deputy Director for Employment […] to provide a copy of the work permit and the employment permit that authorized him to work legally in the country; NINTH. [Communicate with] the Guayas Judicial Police, so that […] they conduct the pertinent investigations, [and the] Director for Health and the Health Inspector to find out whether the clinic has the respective operating permits and whether it has all the necessary guarantees to operate; TENTH. Take statements from all those who are aware of the illegal act that is being investigated.” 57 Cf. Briefs submitted by Melba Peralta Mendoza on August 7, 14 and 28, 2000 (file of annexes to the Merits Report, folios 30 to 34). On August 28, 2000, Melba Peralta Mendoza requested the following actions: (a) forensic medical examination of Melba Suárez Peralta; (b) that the Guayas Traffic Commission advise whether Emilio Guerrero “had a contract with the Commission,” and (c) that a new date be set for the inspection of the site of the facts. 58 Cf. Notes issued by the Guayas First Criminal Judge (file of annexes to the Merits Report, folios 36 to 41). 59 Cf. Answer to Note No. 075-SERH-MIG-2000 of September 1, 2000 (file of annexes to the Merits Report, folio 51). 60 Cf. Testimony provided by Jenny Bohórquez on November 13, 2001 (file of annexes to the Merits Report, folio 130). 61 Certification issued on August 9, 2012, by the Coordinator of the Provincial Health Control and Supervision Process (file of annexes to the final arguments, folios 2967 and 2968). Meanwhile, regarding this fact, during the hearing before the Court, the State provided a certification issued by the National Sub-secretariat for Public Health Oversight dated February 8, 2013, indicating that, at that date, Emilio Guerrero was registered in the former Coastal and Island Health Sub-secretariat. Cf. Response issued by the Ministry of Public Health, dated February 8, 2013 (merits file, folio 759). 16

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