25
78.
On account of the aforementioned, when monitoring and controlling the
practice of physicians and imposing disciplinary sanctions, professional associations
must act as impartial, objective and diligent decision-making bodies to secure the
rights and values safeguarded by the medical profession, under generally accepted
ethical, bioethical, and scientific and technical principles. It would be unfair to
disregard the decisions adopted by professional associations as they may become
highly influential in any further analysis of jurisdictional bodies, even though said
decisions are not formally conclusive, mandatory or binding on them.
B)
Proceedings before criminal jurisdiction
1)
Criminal complaints filed in 1995 and 1996 before the Office of the
Attorney General
79.
On August 3, 1995 Carmen Cornejo de Albán appeared before the Attorney
General, Fernando Casares, to file a complaint for the death of her daughter, Laura
Albán, occurred on December 18, 1987. The complaint was not lodged by referred
authority.61
80.
On November 1, 1996, Mrs. Cornejo de Albán requested the Office of the
Attorney General to lodge the accusation for Laura Albán’s death and stated that
“[a]lmost nine years [had] elapsed [and that she had been] informed that a ten-year
statute of limitations applies to these cases,”62 so she requested that the case be
processed with promptness. After the filing of said request, on November 25, 1996,
Miss Albán-Cornejo’s mother filed “a formal accusation against the Metropolitan
Hospital of Quito and Dr. Ramiro Montenegro-López and Dr. […] Espinoza,63 who
were accountable for the death of [her daughter Laura […] Albán […] for having used
a CONTRAINDICATED drug”64 (capitalization in original).
81.
On December 19, 1996, the Attorney General informed the Attorney General
from Pichincha, Napo y Sucumbios, of the complaint filed by Mrs. Cornejo de Albán.65
On December 30, 1996, the Pichincha Public Prosecutor, Napo y Sucumbios,
61
Cf. brief of Carmen Cornejo de Albán addressed to Fernando Casares, Attorney General dated
August 3, 1995 (file of appendixes to the application, appendix 24, p. 99); and testimony of Carmen
Cornejo de Albán, supra note 49, and testimony of Bismarck Albán Sánchez, supra note 49.
62
Cf. brief of Carmen Cornejo de Albán addressed to Guillermo Castro-Dager, Attorney General
dated November 1, 1996 (file of appendixes to the application, appendix 25, p. 102).
63
According to the statements made by the Commission and the representatives, the complaint
made no mention of Dr. Espinoza-Cuesta’s name, because Laura Albán’s next of kin were not acquainted
with the name of the physician, despite in several occasions they had requested said information to the
Metropolitan Hospital, but had no reply. Cf. communications of the Ecumenical Commission on Human
Rights addressed to the Director of the Metropolitan Hospital delivered on December 16, 1994, January
13, 1995 and April 18, 1995 (file of appendixes in the internal proceeding, criminal case no. 010-97-APAP, volume II, pp. 978 to 981); statement of Carmen Cornejo de Albán, supra note 49, and statement of
Bismarck Albán-Sánchez, supra note 49.
64
Cf. brief of accusation of Carmen Cornejo de Albán of November 25, 1996 (file of appendixes to
the application, appendix 26, pp. 104 to 105).
65
Cf. official letter of the Attorney General addressed to the Pichincha Public Prosecutor of
December 19, 1996 (file of internal proceeding, criminal case No. 010-97-AP, volume I, p. 783).