2
2002 the Commission adopted Admissibility Report No. 69/02,1 and on February 28,
2006 the Commission adopted Merits Report No. 7/06,2 in the terms of Article 50 of
the Convention, containing certain recommendations which, in the opinion of the
Commission, were not heeded in a satisfactory manner by the State, for which
reason in decided to submit the instant case to the jurisdiction of the Court.3
2.
According to the facts claimed by the Inter-American Commission, on
December 13, 1987 Laura Susana Albán-Cornejo (hereinafter, “Laura Albán” or “Miss
Albán-Cornejo) was admitted to the Metropolitan Hospital, a private health institution
located in Quito, Ecuador, in view of a set of symptoms of bacterial meningitis. On
December 17, 1987, during the night Miss Albán-Cornejo suffered severe pain. The
resident physician prescribed her a 10 mg. dose of morphine. On December 18 of the
same year, while she was under medical treatment, Miss Albán-Cornejo died,
allegedly due to the medication she was administered. After her death, her parents,
Carmen Cornejo de Albán and Bismarck Albán-Sánchez (hereinafter, the “alleged
victims,” or “Laura Albán’s parents,” or “Miss Albán-Cornejo’s parents,” or “parents”)
appeared before the Eighth Civil Court from Pichincha (Juzgado Octavo de lo Civil de
Pichincha) (hereinafter, “Eighth Civil Court”) to obtain the medical file on their
daughter, and before the Honor Tribunal of the Pichincha Medical Association
(hereinafter, the “Honor Tribunal”). Later on, they filed a criminal complaint before
the state authorities in order to investigate the causes of their daughter’s death. In
consequence, two physicians were accused of negligence on medical practice; the
case against one of them was dismissed on December 13, 1999 based on the court’s
declaration that the statute of limitations had run out on the criminal action. As
regards the other physician, his legal situation is still pending a court decree.
3.
The application of the Commission refers that the State has not ensured
effective access to a fair trial and to judicial protection for Carmen Cornejo de Albán
and Bismarck Albán-Sánchez, who “in their interest to clarify the circumstances
surrounding the homicide of their daughter [Laura Albán] for years have been
seeking justice and punishment of those responsible by obtaining indiciary pieces of
evidence of her death and by trying to get the authorities to pay formal attention to
the case.” Likewise, the Commission pointed out in the application that neither in the
domestic legal system of Ecuador nor in the practice observed there, can rules or
procedures be found to allow private parties to press charges for criminal prosecution
for the violation of legal interests calling for public prosecution, which, in the opinion
of the Commission, was detrimental to the affected party in the instant case.
4.
The Commission requested the Court to declare the State to be responsible
for having violated the rights enshrined in Articles 8 (Right to a Fair Trial) and 25
(Right to Judicial Protection) of the American Convention, in relation with those in
Articles 2 (Domestic Legal Effects) and 1(1) (Obligation to Respect Rights) thereof in
1
In Admissibility Report No. 69/02 the Commission held inadmissible Articles 4, 5 and 13 of the
American Convention.
2
In Merits Report No. 7/06 the Commission concluded that the State violated the rights enshrined
in Articles 8 (Right to Fair Trial) and 25 (Right to Judicial Protection) of the American Convention, in
relation to Articles 2 (Domestic Legal Effects) and 1(1) (Obligation to Respect Rights) thereof.
3
The Commission appointed as delegates Commissioner Evelio Fernández-Arévalos and the
Executive Secretary, Santiago A. Canton; and Ariel E. Dulitzky, Víctor Madrigal-Borloz, Mario López-Garelli
and Lilly Ching-Soto as legal counsel.