INTER - AMERICAN COMMISSION ON HUMAN RIGHTS COMISION INTERAMERICANA DE DERECHOS HUMANOS COMISSÃO INTERAMERICANA DE DIREITOS HUMANOS COMMISSION INTERAMÉRICAINE DES DROITS DE L'HOMME ORGANIZACIÓN DE LOS ESTADOS AMERICANOS WASHINGTON, D.C. 2 0 0 0 6 EEUU March 18, 2014 Ref.: Case No. 12.723 TGGL y familia Ecuador Mr. Secretary: I am pleased to address you on behalf of the Inter-American Commission on Human Rights in order to file Case No. 12.723 TGGL1 and family v. Ecuador (hereinafter “the State”, “the Ecuadorian State” or “Ecuador”) before the jurisdiction of the Honorable Inter-American Court of Human Rights. The instant case involves international responsibility of the State of Ecuador for infringing the right to a dignified life and humane treatment of TGGL, as a consequence of a blood transfusion that was performed on her on June 22, 1998, when she was three years of age. The blood that was used in the transfusion came from the Red Cross Blood Bank of Azuay, over which the State had not adequately fulfilled the duty to ensure rights; specifically, it had failed to perform its role of supervision and control over private health serviceprovider entities. The Commission also found that the State’s failure to adequately respond, particularly to the situation arising from the failure to provide the medical care required by the victim, has continued to impair the exercise of the victim’s right as of the present date. Lastly, the Commission found that the domestic investigation and criminal proceedings, which culminated in a judicial ruling that the statute of limitations had lapsed, did not meet the minimum standards of due diligence to provide for an effective remedy for the child TGGL and her next-of-kin. The Commission found that the overall facts of the case evince a breach of the State’s duty of special protection for TGGL in her status as a minor child. The State of Ecuador ratified the American Convention on Human Rights on December 28, 1977 and accepted the contentious jurisdiction of the Court on July 24, 1984. The Commission has designated Commissioner Rose Marie B. Antoine and Emilio Álvarez Icaza L., executive secretary, as its delegates. Likewise, Elizabeth Abi-Mershed, Deputy Executive Secretary and Silvia Serrano Guzmán, attorney of the Executive Secretariat of the IACHR, have been designated to serve as legal advisors. Mr. Pablo Saavedra Alessandri, Secretary Inter-American Court of Human Rights Apartado 6906-1000 San José, Costa Rica 1 Tal como indicó la Comisión en su informe sobre admisibilidad, a pesar de no haber sido expresamente solicitado por los peticionarios, se dispuso la reserva de identidad de la entonces presunta víctima por tratarse de una niña. Asimismo, con el fin de brindar mayor protección, se dispuso también la reserva de identidad de la madre de TGGL y de los donantes de sangre.