58. On November 12, 2001, Emilio Guerrero excused himself from appearing to give the said testimony. 83 The same day, the testimony was received of Héctor Luis Taranto, who testified on the operation performed in the Luis Vernaza Hospital on July 12, 2000, explaining that Melba Suárez Peralta “had been diagnosed […] with post-surgery acute abdomen, re-operating on her and finding traces of intestinal liquid, purulent material, fecal content, abdominal viscera, covered with fibrin clumps, all this in the pelvic abdominal cavity.” 84 59. On November 13, 2001, the Criminal Judge received the testimony of Jenny Bohórquez. 85 In her statement, she indicated that, “on July 1 2000, [she] was at the Minchala Clinic with Dr. Emilio Guerrero, when […] Melba Suárez arrived with abdominal pain, vomits, fever and also showed [them] laboratory tests. [In view of] the laboratory tests, [she] proceeded, together with Dr. Guerrero, to conduct a detailed physical examination, reaching the conclusion that Ms. Suárez had symptoms of acute appendicitis, so that [they] decided to operate on her, and [she] was the main surgeon for this operation and Dr. Guerrero participated as [her] assistant.” 60. That same day, Melba Peralta Mendoza asked the Criminal Judge to conclude the preliminary proceedings, 86 and they were again concluded by a decision of November 27, “because the time frame for the re-opened preliminary proceedings had expired some time previously.” 87 61. In briefs of November 28 and 30, 2001, Emilio Guerrero asked the Criminal Judge to summon him to give another preliminary statement. 88 On November 29, that year, Melba Peralta Mendoza ratified and formalized her private accusation against Emilio Guerrero, Wilson Minchala and Jenny Bohórquez before the Criminal Judge. 89 Subsequently, on May 13, 2002, the Criminal Prosecutor filed a brief before the Criminal Judge requesting that he “declare the annulment of the proceedings following [the decision issued on August 14, 2001, in which the Criminal Judge ordered the re-opening of the preliminary proceedings in order to include Wilson Minchala] and, instead, issue a final decision, taking into consideration that the prosecutor had already provided his report.” 90 62. On June 3, 2002, Melba Peralta Mendoza filed a brief before the Criminal Judge asking him to reject the Prosecutor’s request, and to issue a final decision convening a plenary hearing “for the perpetrators, accomplices and accessories with their respective 83 128). Cf. Brief submitted by Emilio Guerrero on November 12, 2001 (file of annexes to the Merits Report, folio 84 Cf. Testimony provided by Héctor Luis Tarando on November 12, 2001 (file of annexes to the Merits Report, folio 21). 85 130). Testimony provided by Jenny Bohórquez on November 13, 2001 (file of annexes to the Merits Report, folio 86 Cf. Brief submitted by Melba Peralta on November 13, 2001 (file of annexes to the Merits Report, folios 136 to 138). 87 Decision of the First Criminal Judge of Guayas of November 27, 2001 (file of annexes to the Merits Report, folio 142). 88 Cf. Briefs submitted by Emilio Guerrero on November 28 and 30, 2001 (file of annexes to the Merits Report, folios 148 and 154). 89 Cf. Private accusation filed by Melba Peralta Mendoza on November 29, 2001 (file of annexes to the Merits Report, folio 150). 90 Brief of the First Criminal Prosecutor of Guayas of May 13, 2002 (file of annexes to the Merits Report, folios 156 and 157). 19