Between January and June 2006, certain procedures were carried out and others were
requested.354
230. On September 20, 2006, the Twentieth Prosecutor forwarded the case file to the
Scientific and Technical Advisory Unit of the Public Prosecution Office (hereinafter “the
Advisory Unit”), so that it could “make an exhaustive review of the file.” On November 6,
2006, he received to report with the Advisory Unit’s conclusions and recommendations,
indicating that it had not found “any record in the medical record to justify the delay which
led to the patient being operated on so tardily” on January 15, 2005; the medication
indicated could have contributed to worsening his condition; there were delays in the
treatment provided; he was not attended to during the rounds from 1 p.m. to 7 p.m. on
January 19, 2005; the autopsy and the medical record do not indicate the cause of death;
there is an evident connection between the actions of the medical and nursing personnel,
and there are gaps in the information in the medical record.355 On December 3, 2008, the
Twentieth Prosecutor returned the case file to the Advisory Unit “so that it could be
analyzed and all the necessary criminal investigations could be carried out […] to determine
the criminal responsibility of the parties concerned.356
231. On February 9, 2006, and on September 27, 2007, the Twentieth Prosecutor
forwarded his case file to the Office of the Prosecutor General of the Republic, as the latter
had requested on February 8 and September 24, 2007.357 On April 25, 2008, the Prosecutor
was “making an exhaustive review of the case […] in order to issue the pertinent conclusive
decision.”358
232. On August 23, 2010, the prosecution’s files of the two cases related to the death of
Rigoberto Barrios were joindered, considering that they were closely related, and the
investigation, the archive of which had been ordered on May 25, 2006, was re-opened.
From August 2010 to July 2011, several procedures were requested.359 In July and August
354
Including: (a) the neurosurgeon who operated on Rigoberto Barrios was interviewed twice; (b) the
Twentieth Prosecutor twice asked the Investigation Unit to forward the proceedings in the case file, including
interviews with witnesses, family members, and the personnel who intervened, as well a technical inspection
report, and (c) the Twentieth Prosecutor asked the Hospital to provide a copy of the records of the emergency area
for January 10, 2005, and the medical record, and also that the bullets extracted during the operation be sent to
the Investigation Unit, cf. Records of interviews with Rodolfo Antonio Cordoval Perez on January 28, 2005, supra
note 110, folios 3716 to 3718, and on June 20, 2005, supra note 110, folios 3699 to 3702; Notes No. 05-F200640-05 and No. 05-F20-1410-05 of the Twentieth Prosecutor of March 16 and August 22, 2005 (file of
attachments to the Commission’s Report No. 11/10, tome II, attachment 8, folios 3688 and 3696); Note No. 05F20-0638-05 of the Twentieth Prosecutor of April 6, 2005 (file of attachments to the Commission’s Report No.
11/10, attachments 1 to 5, tome II, folio 3691).
355
Cf. Note No. 05-F20-1904-06 of the Twentieth Prosecutor of September 20, 2006 (file of attachments to
the answering brief, tome IV, attachment 20, folio 6580); Note DGAP-DATCI-URATCI-04-205-06 of the Advisory
Unit of November 6, 2006 (file of attachments Commission’s Report No. 11/10, tome II, attachment 8, folios 3706
to 3712)
356
Cf. Note No. 3042-08 of the Twentieth Prosecutor of December 3, 2008 (file of attachments to the
answering brief, tome IV, attachment 20, folio 6592).
357
Cf. Notes No. 05-F20-231-07 and No. 05-F20-2247-07 of the Twentieth Prosecutor of February 9 and
September 27, 2007 (file of attachments to the answering brief, tome IV, attachment 20, folios 6590 and 6591).
358
Cf. Annual Report of the Office of the Prosecutor General of the Republic (file of attachments Commission’s
Report No. 11/10, tome II, attachment 8, folio 3726).
359
Among them: (a) the technical inspection of the site of the incident was requested, together with
interviews with the witness and the next of kin of the deceased, evidence of Forensic interest, technical inspection
appraisals, autopsy results, and interview with the doctors who intervened and the personnel on duty; (b) the
results of the procedures required in March 2005 were requested; (c) the medical report and the magnetic
resonance imaging (MRI) carried out on Rigoberto Barrios, as well as other hospital documents and evidences, cf.
Aide-mémoire of the Twentieth Prosecutor of August 10, 2011 (merits file, tome VI, folios 2445 to 2449).
80
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