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.