16 (NN) Dermott Martínez (f) 8 months 31-12-2001 Enterocolitis 17 (NN) Dermott Larrosa (f) 5 days 08-2001 Anemia 18 (NN) García Dermott (f) 1 month 2000 Pertussis 19 Adalberto González López (m) 1 year and 2 months 2000 Pneumonia 20 Roberto Roa Gonzáles 55 years 2000 Tuberculosis 3 days 1999 Hemorrhage 9 days 1998 Tetanus Stillborn 1998 Undetermined 1 day 1996 Fetal distress 2 years 1996 Enterocolitis – dehydration 1996 No information 23 (NN) Ávalos or Rios Torres (m) (NN) Ávalos or Rios Torres (m) (NN) Dermott Ruiz (m) 24 (NN) Dermott Ruiz (m) 25 Mercedes Dermott Larrosa (f) 26 Sargento Giménez (m) No information 27 Rosana Corrientes Dominguez (f) 10 months 28 (NN) Wilfrida Ojeda Chávez (f) 21 22 8 months 265 1993 01-05-1994 Pertussis Enterocolitis – dehydration No information Received MA in the Filadelfia Hospital Did not receive MA Did not receive MA Did not receive MA Did not receive MA Did not receive MA No information Did not receive MA Received MA, volunteer nurse Did not receive MA Received MA in 25 Leguas Health Center Did not receive MA 227. The Court clarifies that the fact that the State is currently providing emergency assistance (supra paras. 191 to 194 and 198) does not relieve it of its international responsibility for having failed to take measures in the past to prevent the risk of a violation of the right to life occurring. Consequently, the Court must examine which of the deaths can be attributed to the State for failing in its obligation to prevent them. This examination will be based on an approach that permits the situation of extreme and special vulnerability, the cause of death, and the corresponding causal connection between them to be related, without imposing on the State an excessive burden for overcoming an indeterminate or unknown risk. 228. Regarding the specific cases of death, in their list, the representatives indicated the name of (NN) Corrientes Domínguez, stillborn, who died from fetal distress, and (NN) Dermott Ruiz, stillborn, who died in 1998 from unknown causes. In this regard, the Court notes that the representatives and the Commission have not presented arguments regarding the alleged violation of the right to life of the “unborn,” so that, given the absence of grounds, the Court lacks facts on which to form an opinion as to the State's responsibility in these cases. 229. In relation to Luisa Ramírez Larrosa, Rosa Larrosa Domínguez, (NN) Jonás Avalos or Jonás Rios Torres (m), Rosa Dermott (f), (NN) Ávalos or Rios Torres (m), and Sargento Giménez (m), regarding whom the cause of death is unknown or they died from natural causes or accidents, the State cannot be considered responsible for their deaths, because there is no evidence to determine State responsibility and a causal connection between the presumed cause of death and the vulnerable situation of the members of the Community has not been shown. 230. With regard to the deaths of Felipa Quintana, who died of septic shock in May 2008, at 64 years of age, and received medical attention; Gilberto Dermott Quintana, 265 In the lists presented by the Commission, the date of death is 1993 with the following clarification: “[i]n the Report on Merits, a Rossana Corrientes of 10 months is included, who died of whooping cough in 1996; possibly this is the same person” (merits file, tome I, folio 33, note 78). 53

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