Hospital. 62 Also, on September 7, Melba Suárez Peralta underwent a forensic medicine
examination. 63
50.
On September 18 and 20, October 16 and November 14, 2000, Melba Peralta
Mendoza filed successive briefs before the Criminal Judge asking that an arrest warrant be
issued against the accused, the inspection of the site of the facts, and the conclusion of the
preliminary proceedings. 64
51.
On March 22, 2001, the Judge of the Second Criminal Court of Guayas concluded the
preliminary proceedings, “finding that [the respective] time frame had expired.” 65
52.
On May 29, 2001, Melba Peralta Mendoza and the First Criminal Prosecutor of
Guayas (hereinafter “the Criminal Prosecutor”) filed formal charges against Emilio Guerrero
before the Criminal Judge. 66 Moreover, in the indictment, Melba Peralta Mendoza added Dr.
Wilson Minchala Pinchu, for acting with negligence and lack of judgment, and “for [having]
authorized a doctor who was not accredited to work in a clinic.” 67
53.
On June 7, 2001, Melba Peralta Mendoza asked the Criminal Judge to “extend the
preliminary proceedings to Dr. Wilson Minchala Pichú as an accomplice and accessory.” 68
She also requested the closure of the Minchala Clinic and the issue of a “constitutional
arrest warrant [and an order of capture be issued] against [Drs.] Wilson Minchala Pinchu
and Emilio Guerrero Gutiérrez.” 69 On August 14, the Criminal Judge ordered the expansion
of the preliminary proceedings and that a statement be taken from Wilson Minchala, as well
as the inspection of the site of the facts on August 23 70 (infra para. 96).
54.
On August 23 and 29, 2001, Wilson Minchala contested the grounds for his inclusion
in the proceedings, requesting a declaration of the annulment of the proceedings and that
he be summoned to provide testimony. 71 Meanwhile, on August 29, Emilio Guerrero
requested the annulment of the proceedings based on the absence of notifications and
failure to comply with procedural formalities. 72
62
Cf. Testimony provided by Melba del Carmen Suárez Peralta on September 6, 2000 (file of annexes to the
Merits Report, folios 16 and 17).
63
Cf. Report No. 5783 of the Provincial Head of the Guayas Judicial Police, Forensic Medicine Service,
September 7, 2000 (file of annexes to the Merits Report, folio 24).
64
Cf. Briefs submitted by Melba Peralta on September 18 and 20, October 16 and November 14, 2000 (file
of annexes to the Merits Report, folios 53 to 59).
65
Decision of the Second Criminal Court of Guayas dated March 22, 2001 (file of annexes to the Merits
Report, folio 61).
66
Cf. Formal accusation filed by Melba Peralta on May 29, 2001 (file of annexes to the Merits Report, folios
65 and 66), and Indictment filed by the First Criminal Prosecutor of Guayas on May 29, 2001 (file of annexes to the
Merits Report, folios 68 and 69).
67
Formal accusation filed by Melba Peralta on May 29, 2001 (file of annexes to the Merits Report, folio 66).
68
Brief submitted by Melba Peralta on June 7, 2001 (file of annexes to the Merits Report, folio 71).
69
Brief submitted by Melba Peralta on June 7, 2001 (file of annexes to the Merits Report, folio 71).
70
Cf. Decision of the First Criminal Judge of Guayas on August 14, 2001 (file of annexes to the Merits
Report, folio 73).
71
Cf. Briefs submitted by Wilson Minchala on August 23 and 29, 2001 (file of annexes to the Merits Report,
folios 76 to 81).
72
and 86).
Cf. Brief submitted by Emilio Guerrero on August 29, 2001 (file of annexes to the Merits Report, folios 85
17