27. The petitioner claims that after several weeks, I.V’s pain and discomfort continued and she
was then examined by Dr. Carlos Pérez Guzmán, who ordered her to have an ultrasound scan.
He states that that examination established that I.V. was suffering from acute endometritis and
that her uterus contained placental remains. This was subsequently confirmed by a pathologist.7
As a result of this, the petitioner alleges, I.V. needed to undergo two D and Cs (dilation and
curettage) and was hospitalized in the Clínica Achumaní.8 Furthermore, he says that two weeks
later, I.V. was again admitted into the same clinic because of an abscess in the wall of her womb
and bruising around the caesarian wound.9 The petitioner alleges that I.V. continued to suffer
psychological and physical repercussions from the fallopian tube ligature. He also alleges that
she is currently experiencing problems of chronic adnexitis, and that this situation has affected
her relationship with her partner from whom she has been separated since August 2002. The
petitioner states that her daughters, especially N., have suffered greatly and experienced great
trauma as a result of everything that has happened.
28. The petitioner claims that these violations of I.V’s human rights arise from gender-based
discrimination. He maintains that the doctors decided to submit I.V. to a fallopian tube ligature
without her consent because they had a discriminatory, paternalistic, and patriarchal attitude to
exploiting a woman’s vulnerability. He also maintains that I.V’s case is part of a widespread
attitude of discrimination by Bolivian hospitals and health centers against women with regard to
surgical contraception.
29. As a result of the events described, and at the request of the couple, the Permanent Human
Rights Assembly of Bolivia, the Women’s Committee (Coordinadora de la Mujer), the
Ombudsman (Defensor del Pueblo), and the Ministry of Health, three medical inquiries were
held, a statement was made by the Ethical Committee of the Medical College of La Paz, and
administrative proceedings were taken against Drs. Edgar Torrico and Marco Vargas. The
petitioners state that the results of these audits and proceedings were contradictory in that some
established the doctors’ liability while others did not.
30. Regarding the internal administrative proceedings, the petitioner claims that the Legal
Advisory Services of the Departmental Health Unit of La Paz issued its final resolution 020/02 as
part of Internal Administrative Proceeding against Drs. Edgar Torrico and Marco Vargas Terrazas,
both officials of the Departmental Health Service of La Paz. Point 1 of this resolution established
administrative liability against Dr. Edgar Torrico Ameller, and called for his dismissal from the
institution. The petitioner also maintains that this resolution transcribes part of the statement
made by Dr. Marco Vargas where he states that the fallopian tube ligature was necessary from
a medical standpoint but incorrect from a legal standpoint because they had to wait until after
surgery for I.V’s decision to authorize the sterilization.
31. Subsequently, in Administrative Resolution (unnumbered) dated March 10, 2003, regarding
the appeal lodged by Dr. Torrico, Giselle Caba Espada, the Head of the Legal Advisory Services
Unit of SEDES, La Paz, in application of Article 29 of Law 1178, annulled point 1 of Resolution
020/2003 dated July 25, 2002, and disposed a stay of proceedings relating to Dr. Edgar Torrico
on the grounds that there was no evidence against him..
32. The petitioner also claims that three criminal trials took place in which two judgments were
issued against Dr. Edgar Torrico, the surgeon who took the decision to tie I.V’s fallopian tubes
without her informed consent. However, these judgments were allegedly annulled by the
Superior Court of Justice of La Paz. The petitioner states that there was a series of irregularities
and delays which affected the criminal trials, including “errors in handling the file; a failure to
notify and convene the citizen judges (jueces ciudadanos); failings in constituting the courts;
dispatching the case to different jurisdictions on several occasions (…) Moreover, it is
inconceivable how long it took for the file to be sent from one court to another (sic).”10 He states
Pathology and Cytology Laboratory, Result of test on I.V. Dr. Wilge J Panoza Meneces, doctor-pathologist. La Paz,
August 17, 2000.
8
Medical Certificate from the Clínica Achumaní, September 3, 2000.
9
Medical Certificate from the Clínica Achumaní, September 3, 2000.
10
Petition lodged by the Ombudsman of Bolivia, March 7, 2007, paragraphs 147-148
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