that facilitates unsafe abortions and ignores the State’s international obligations to respect, protect, and
guarantee women’s rights to life, health, and integrity.15
B.
Regarding the criminal processing of the alleged victim
44.
The Commission observes that on February 27, 2008, Manuela went to the emergency room
at the Hospital Nacional de San Francisco de Gotera. The intake and release log of the Hospital Nacional Héctor
Antonio Hernández Flores de San Francisco Gotera indicates that the presumptive diagnosis on intake was
"extraction of placenta from giving birth outside the hospital."16
45.
The emergency room hospital intake log entry for Manuela includes the following information:
Patient, 25 year old (...) with a history of suffering a fall from her own height, trauma in the
pelvic area (fell to a seated position) (...) initial lumbopelvic pain that increases in intensity,
duration, and frequency (...) at 12:30 pm (02-27-08) she expelled a fetus.17
46.
According to available information, the doctor who attended the alleged victim reported her
to the Complaint Reception Unit of the Subregional Office of the Public Prosecutor of Morazán on February 27,
2008, which launched the criminal process described hereinafter. In her report, the doctor included the
following considerations:
For the purposes of complying with Article 312 Pn., I hereby inform you that on the 27th at
525 p.m., medical attention was provided in this hospital to Manuela, female, 25 years of age
(…) resulting in the following findings: premature birth, with retention of the placenta. No
fetus is present. Apparently as the result of having committed a crime. Please take this into
account in the application the pertinent measures under the law.18
1.
Preliminary steps taken on February 28, 2008
47.
On February 28, 2008, the police questioned the physician regarding her complaint. In her
statement, she described the reasons why she alerted the Office of the Public Prosecutor to Manuela’s situation:
The information provided by the patient did not match with the clinical diagnosis, as the
patient was attended for a miscarriage, and on examination of her (…) the emergence of an
umbilical cord of about 40cm in length was observed, cleanly cut and with a perianal tear (...)
the patient’s placenta was observed to be calcified.19
48.
On the same day, an officer of the National Civilian Police asked the Cacaopera Justice of the
Peace to issue a preventative search warrant for the home where Manuela lived with her family.20After it was
granted by the Cacaopera Justice of the Peace,21a visual inspection was conducted, in which two investigators
of the National Civilian Police participated, along with an officer from the Technical and Forensic Police, who
IACHR Urges El Salvador to End the Total Criminalization of Abortion, March 7, 2018.
Annex 1. Medical file 138901 from the medical records of Manuela in the Hospital Nacional “Héctor Antonio Hernández Flores” de San
Francisco Gotera. Annex of the brief of comments on the merits from the petitioner.
17 Annex 1. Medical file 138901 from the medical records of Manuela in the Hospital Nacional “Héctor Antonio Hernández Flores” de San
Francisco Gotera. Annex of the brief of comments on the merits from the petitioner.
18 Annex 2. Criminal case file TS066/2008. Report of Dr. Johana Vanessa Mata Herrera, a physician at the Hospital Nacional San Francisco
Gotera, against Manuela, dated February 27, 2008. Annex 2 to the initial petition of March 21, 2012, pg. 27.
19 Annex 3. Criminal case file TS066/2008. Police record of the questioning of Dr. Johana Vanessa Mata Herrera, February 28, 2008. Annex
2 to the initial petition of March 21, 2012, pg. 26.
20 Annex 4. Criminal case file TS066/2008. Request for order to conduct preventative search, February 28, 2008. Annex 2 to the initial
petition of March 21, 2012, pg. 10.
21 Annex 5. Criminal case file TS066/2008. Resolution of the Cacaopera Justice of the Peace of February 28, 2008. Annex 2 to the initial
petition of March 21, 2012, pg. 11.
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