on November 6, 2007,176 the Judge of the case ordered that Mr. Díaz Peña be transferred to
Hospital Vargas, the Dr. Carlos Arvelo Military Hospital, the Ear, Nose and Throat Institute, and the
Clinic of the National Guard, respectively, to undergo specialized tests, which it was not possible to
perform. Furthermore, during the time that Mr. Díaz Peña was detained in the Pre-Trial Detention
Center, he received: (a) six medical evaluations by a private family doctor on September 26,
2005,177 March 7178 and November 27, 2006,179 May 30180 and February 22, 2007,181 and March 12,
2010;182 (b) three medical appointments with the Chuao Otorhinolaryngology Medical Group
“Instituto Otohospital” on September 14183 and November 28, 2006,184 and August 24, 2007,185 in
which the doctor who attended him was the same one who had treated him since 1992 for
repeated otitis, and who also cleaned his left ear and prescribed anti-allergic and anti-inflammatory
medication and antibiotics;186 (c) various doctor’s appointments in the DISIP Medical Service,
where Mr. Díaz Peña had access to an ear, nose and throat specialist. However, this service did not
have the necessary equipment to perform the specialized examinations that Mr. Díaz Peña required
the Caracas Metropolitan Area (evidence file, tome XV, folio 9512), and Police record of July 6, 2006 (evidence file, tome
XV, folio 9513).
175
Cf. Note No. 644-06 of the Fourth First Instance Trial Court of the Criminal Judicial Circuit of the Caracas
Metropolitan Area of August 8, 2006 (evidence file, tome XV, folio 9528), and Police record of August 22, 2006 (evidence
file, tome XV, folio 9566).
176
Cf. Ruling of the Fourth First Instance Trial Court of the Criminal Judicial Circuit of the Caracas Metropolitan Area
on November 6, 2007 (evidence file, tome XVII, folio 11135); Note No. 760-07 of the Fourth First Instance Trial Court of
the Criminal Judicial Circuit of the Caracas Metropolitan Area of November 6, 2007 (evidence file, tome XVII, folio 1136);
Police record of November 14, 2007 (evidence file, tome XVII, folios 11254 to 11255), and Note No. 009-08 of the Fourth
First Instance Trial Court of the Judicial Circuit of the Caracas Metropolitan Area of January 9, 2008 (evidence file, tome
XXV, folios 17284 to 17285).
177
Cf. Medical report of September 26, 2005, signed by Dr. Carmen Peña (evidence file, tome XI, folios 6498 to
6500).
178
Cf. Medical report of March 7, 2006, signed by Dr. Carmen Peña (evidence file, tome XV, folio 9438).
179
Cf. Medical report of November 27, 2006, signed by Dr. Carmen Peña (evidence file, tome V, folios 3240 to 3243).
180
Cf. Medical report of May 30, 2007, signed by Dr. Carmen Peña (file of proceedings before the Inter-American
Commission, tome II, folios 945 to 948).
181
Cf. Medical report of February 22, 2007, signed by Dr. Carmen Peña (evidence file, tome V, folio 3245).
182
Cf. Medical report of March 12, 2010, signed by Dr. Carmen Peña (evidence file, tome V, folio 3278).
183
Cf. Brief sent by the Director General of the General Directorate of Intelligence and Prevention Services to the
Fourth First Instance Trial Court of the Criminal Judicial Circuit of the Caracas Metropolitan Area dated September 26, 2006
(evidence file, tome XV, folio 9567); Certification of consultation signed by Dr. José Ramón Gutiérrez Longobardi dated
September 14, 2006 (evidence file, tome XV, folios 9568); Medical report of September 15, 2006, signed by Dr. José
Ramón Gutiérrez Longobardi (evidence file, tome XV, Judicial case file No. 7E-1592-09 attached to the answer, folio 9569);
Police record of September 14, 2006 (evidence file, tome XV, folios 9570), and Report of the Head of the Integral Custody
Process of the General Directorate of Intelligence and Prevention Services of April 20, 2007 (evidence file, tome XXV, folios
17162 to 17163).
184
Cf. Note No. 100-900-400-440-441 No. 000037 of the Director General of the General Directorate of Intelligence
and Prevention Services of January 8, 2007 (evidence file, tome XXV, folio 17154); Note No. 100-900-400-440 No. 1125 of
the Captain General of the General Directorate of Intelligence and Prevention Services of December 12, 2006 (evidence file,
tome XXV, folio 17156), and Medical report of November 28, 2006, signed by Dr. José Ramón Gutiérrez Longobardi
(evidence file, tome XXV, folio 17157).
185
Cf. Medical report of August 24, 2007, signed by Dr. José Ramón Gutiérrez Longobardi (evidence file, tome XVI,
folio 10367), and Note No. 100-400-440-441 No. 001729 of the Director General of the General Directorate of Intelligence
and Prevention Services of the Ministry of People’s Power for Internal Relations and Justice of the Bolivarian Republic of
Venezuela of August 29, 2007 (evidence file, tome XXV, folio 17251).
186
Cf. Medical report of February 25, 2011, signed by Dr. José Ramón Gutiérrez Longobardi (evidence file, tome VI,
folio 3302).
36
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