1. Statements offered by the representative
15.
As to the statements and expert opinions offered by the representative and the
State, which have not been objected to, the President considers it appropriate to
obtain these so that the Court may assess their evidentiary value at the proper
procedural moment, in the context of the existing body of evidence and according to
the rules of sound judgment.
16.
The representative offered three expert opinions: a) Iván Castro Patiño, former
Dean of the Faculty of Law of the Catholic University of Santiago de Guayaquil, on
“guarantees of due process and the State’s procedural initiative in the investigation of
a crime and the consequences for the State of impunity in a case”; b) Ignacio Hanna
Musse, doctor of the Clínica Alchivar and Mrs. Suárez’ personal physician, on “the
treatment followed [by Mrs. Suárez Peralta in] recent years and the treatment to be
followed in future […]”, and c) Hugo Morán Sánchez, an accounting expert, on “the
calculation of costs for pecuniary damages incurred by the [alleged] victim”. The
representative also offered six witness statements: a) Luis Aranza Aranza, on “the
financial hardship suffered by the alleged victim during the medical treatment”; b)
Stalin Xavier Intriago Burgos, on the “financial situation of the Cerezo Suárez family
during the course of Mrs. Suárez Peralta’s illness; c) Luis Humberto Córdova Ramos,
on “the way in which the Traffic Commission of Ecuador offered operations through
Cuban doctors in the year 2000”; d) Dennis Cerezo Cervantes, on “the health
problems experienced by his wife since she underwent the surgical procedure that
resulted in medical malpractice”; e) Rodolfo Sánchez Jiménez, on “Mrs. Suárez
Peralta’s current situation and the after-effects of the medical malpractice that
occurred in the past could have on her in the future”, and f) Eduardo Tigua Castro, on
“the psychological condition of Mrs. Suárez Peralta, as well as the damage caused to
her family.”
17.
Furthermore, regarding the testimonies of Messrs. Luis Aranza Aranza and
Stalin Xavier Intriago Burgos, the representative attached a copy of their statements
rendered by affidavit on April 5, 2012, and whose testimonial objects are substantially
consistent with the offers made before the Court. Consequently, given that these
constitute documentary evidence, which will be assessed in due course in the context
of the existing body of evidence, the President considers it unnecessary to repeat
them.
18.
In this regard, the State made no objection to those offers, but noted that the
testimony of Mr. Dennis Cerezo Cervantes could be rendered by affidavit.
19.
The representative also requested support from the Victims’ Legal Assistance
Fund to cover the costs of travel, hotel and per diems of the victims, expert witnesses,
witnesses and representatives during the public hearing before the Court. 5
20.
In this regard, in his Order of September 14, 2012, the President placed on the
record that there were inconsistencies regarding the role and number of people who
5
Namely: the alleged victims Melba Del Carmen Suarez Peralta and Melba Gardenia Peralta Mendoza; their
family members, Miguel Marcelo Suarez Robinson, Dennis Edgar Cerezo Cervantes, Gandy Alberto Cerezo
Suarez, Katherine Madeline Cerezo Suarez and Marilyn Melba Cerezo Suarez; the expert witnesses Iván
Castro Patiño, Ignacio Hanna Musse, Hugo Miguel Morán and Rodolfo Sánchez Jiménez; the witnesses
Eduardo Tigua Castro, Luis Alberto Azanza Azanza, Luis Humberto Córdova Ramos and Stalin Xavier Intriago
Burgos and the legal representative of the alleged victims, Mr. Jorge Sosa Meza and his assistant José
Peralta Rendón.
6