performed, and settled for just the results obtained from the first two that were carried out. Nevertheless, on March 3209 and April 21, 2010,210 the defense counsel and Mr. Díaz Peña’s father, respectively, requested his transfer to the Chuao Otorhinolaryngology Medical Group so that his ear, nose and throat specialist could make an assessment of his hearing, since his hearing problems had again worsened. In other words, following the March 24, 2008, diagnosis, Mr. Díaz Peña’s symptoms reappeared, and there is no record in the body of evidence in this case that he had been transferred as requested. 107. In short, the Court has verified that, during the time Mr. Díaz Peña remained detained in the Pre-Trial Detention Center, his medical reports revealed a progressive deterioration in his health. In this regard, on November 15, 2004, more than eight months after Mr. Díaz Peña had entered the Pre-Trial Detention Center, the ear, nose and throat specialist of the DISIP Medical Service recorded that Mr. Díaz Peña, with a history of a myringoplasty in the right ear in 1999, had otalgia and hypoacusis in the left ear with an evolution of nine months.211 In this regard, the reports of the private family doctor who evaluated Mr. Díaz Peña on several occasions refer to hypoacusis, chronic otitis media in the right ear and suppurating otitis in the left ear.212 Meanwhile, various medical reports prepared on Mr. Díaz Peña were also consistent in indicating decrease in hearing and nasal allergies, nasal obstruction syndrome owing to allergic rhinitis, meningitis, sinusitis, gingivitis, and gingivorragia.213 Similarly, a medical report dated November 27, 2006, recorded that, early in November 2006, Mr. Díaz Peña had abdominal colic, flatulence and recurring diarrhea.214 Subsequently, starting in 2007, the medical reports were consistent in indicating the presence of recurrent perianal abscesses, and an expert opinion of November 28, 2008, indicated that Mr. Díaz Peña had a perianal fistula that had evolved over two years,215 while the medical report of March 12, 2010, recorded that Mr. Díaz Peña had suffered from a perianal abscess on four occasions, with an anal fissure as a result of the last episode that had been drained and treated by the patient himself, hence the recurrence.216 209 Cf. Appearance of Mr. Díaz Peña’s defense counsel of March 3, 2010 (evidence file, tome XXI, folio 14406). 210 Cf. Brief submitted by Alberto Esteban Díaz Arvelo to the Seventh First Instance Court for Execution of Judgment of the Criminal Judicial Circuit of the Caracas Metropolitan Area dated April 21, 2010 (evidence file, tome XXI, folio 14437). 211 Cf. Note No. Inst. 0212-05 of the DISIP National Director of Investigations of February 18, 2005 (evidence file, tome XI, folio 6133); Ruling of March 11, 2005, of the Twenty-eighth First Instance Trial Court of the Criminal Judicial Circuit of the Caracas Metropolitan Area (evidence file, tome XI, folio 6136), and Medical report of November 15, 2004, signed by Dr. Lily Viseras Gutiérrez (evidence file, tome XI, folio 6134). 212 Cf. Medical report of September 26, 2005, signed by Dr. Carmen Peña (evidence file, tome XI, folios 6498 to 6500); 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); Medical report of November 27, 2006, signed by Dr. Carmen Peña (evidence file, tome V, folios 3240 to 3243), and Medical report of March 12, 2010, signed by Dr. Carmen Peña (evidence file, tome V, folio 3278). 213 Cf. Expert report of the Forensic Physician (Professional II) Anunziata Dambrosio of April 20, 2005 (evidence file, tome XI, folio 6231); Medical report of September 15, 2006, signed by Dr. José Ramón Gutiérrez Longobardi (evidence file, tome XV, folio 9569); Expert report of the Forensic Physician (Professional III) Mary Olga Farías of July 16, 2007 (evidence file, tome XXVIII, folio 17764); Medical report of August 24, 2007, signed by Dr. José Ramón Gutiérrez Longobardi (evidence file, tome XVI, folio 10367); Medical report of November 8, 2007, signed by Dr. Efraín González Prato (evidence file, tome XVII, folios 11185 to 11192), and Medical report of March 12, 2010, signed by Dr. Carmen Peña (evidence file, tome V, folio 3278). 214 Cf. Medical report of November 27, 2006, signed by Dr. Carmen Peña (evidence file, tome V, folios 3240 to 3243). 215 Cf. Note No. 129 14795-08 of Dr. Luis Martínez Ascanio, Forensic Physician of the National Coordination of Forensic Science of Caracas, dated November 28, 2008 (evidence file, tome IX, folio 4969), and Note FMP-82-AMC-850-2008 of the Eight-second Prosecutor of the Public Prosecution Service of the Judicial District of the Caracas Metropolitan Area addressed to the Eighth First Instance Criminal Judge for Execution of Judgment of the Judicial District of the Caracas Metropolitan Area (evidence file, tome IX, folio 4968). 216 Cf. Medical report of March 12, 2010, signed by Dr. Carmen Peña (evidence file, tome V, folio 3278). 39