55. On September 13, 2001, Wilson Minchala failed to appear to provide the testimony required by the Criminal Judge, for health reasons. 73 The same day, Melba Peralta Mendoza requested the closure of the preliminary proceedings, “because the site of the facts had been inspected and the preliminary proceedings had been extended to Wilson Minchala.” 74 The preliminary proceedings were concluded on September 19. 75 56. On September 25, 2001, Melba Peralta Mendoza ratified her accusation against Emilio Guerrero and Wilson Minchala before the Criminal Judge. 76 However, the Criminal Prosecutor asked the Criminal Judge to re-open the preliminary proceedings in order to receive the statements of Emilio Guerrero and Wilson Minchala. 77 The preliminary proceedings were re-opened by a decision of the Criminal Judge of October 11, establishing that the accused should appear to give their statements on October 19, 78 date on which the testimony was received of Wilson Minchala, who declared that he “hired out the operating theater of the Minchala Clinic of which [he is] the owner/manager to Dr. Jenny Bohórquez, for an emergency operation (appendicitis), as can be seen in Medical Record No. 975; thus, he never examined or met the said patient, so that she [was] not [his] patient and, as revealed in this case, the said patient was examined in the outpatients department of the Polyclinic of the Guayas Traffic Commission.” Moreover, he also stated that he was “unaware of whether [Emilio Guerrero was] authorized to exercise the medical profession in our country, but in [his] clinic, [Emilio Guerrero was] not registered as a principal surgeon to perform operations.” 79 57. On October 18, 2001, Melba Peralta Mendoza filed a request before the Criminal Judge to receive the testimony of Héctor Luis Taranto Ortiz, Melba Suárez Peralta’s physician in the Luis Vernaza Hospital. 80 On October 24, 2001, Emilio Guerrero asked the Criminal Judge to receive the testimony of Jenny Bohórquez. 81 On October 31, the Criminal Judge summoned Emilio Guerrero, Héctor Luis Taranto and Jenny Bohórquez to provide their testimony. 82 73 99). 74 Cf. Brief submitted by Wilson Minchala on September 19, 2001 (file of annexes to the Merits Report, folio Brief submitted by Melba Peralta on September 13, 2001 (file of annexes to the Merits Report, folio 90). 75 Cf. Decision taken by the First Criminal Judge on September 19, 2001 (file of annexes to the Merits Report, folio 92). 76 Cf. Private accusation filed by Melba Peralta on September 25, 2001 (file of annexes to the Merits Report, folios 94 and 95). 77 Cf. Request of the First Criminal Prosecutor of Guayas filed in October 2001 (file of annexes to the Merits Report, folio 101). 78 Cf. Decision of the First Criminal Judge of Guayas of October 11, 2001 (file of annexes to the Merits Report, folio 97). 79 Testimony by Wilson Benjamín Minchala Pichu on October 19, 2001 (file of annexes to the Merits Report, folio 106). 80 Cf. Brief submitted by Melba Peralta on October 18, 2001 (file of annexes to the Merits Report, folio 103). 81 Cf. Brief submitted by Emilio Guerrero el on October 24, 2001 (file of annexes to the Merits Report, folio 122). 82 Cf. Summons issued the First Criminal Judge of Guayas on October 31, 2001 (file of annexes to the Merits Report, folio 126). 18