guarantees, whose violation is being alleged, thus lack a direct and immediate connection with what is
decided.”64
5. Case No. 27.080/2011 with Criminal Investigation Court No. 13 for alleged false witness statement
53. On June 7, 2011, a criminal complaint was filed against the expert Eduardo Roberto Barrón.65 The ruling in
the court of first instance indicates that a disciplinary sanction would be relevant for the failure to recuse, in
the administrative courts, without establishing the crime of false testimony, because of which, on October 20,
2011 he was acquitted. 66 The complainant filed an appeal, which was upheld by the First Chamber of the
Criminal Court on December 13, 2011.67 A cassation appeal was also filed, as well as a denial of cassation; both
were dismissed.68
IV. ANALYSIS OF LAW
A. Right to life, 69 to personal integrity, 70 and to health 71 , in connection with Article 1.1 72 of the
American Convention and Article 7 of the Belém do Pará Convention.73
54. First of all, the Commission notes that, in its Admissibility Report, it did not expressly include Articles 5
and 26 of the American Convention among the rights that could be considered in the merits stage. Nevertheless,
as a result of all the allegations and available evidence in the merits stage, it believes it is relevant to examine
both the right to personal integrity and the right to health, because the instant case involves alleged negligence
in the medical services provided to Ms. Cristina Britez Arce by the medical staff of the Hospital Público Sardá
and which allegedly are cause of her death.
55. The Commission highlights, that throughout both the admissibility and merits procedures, the state heard
the facts on which the claim of alleged negligent services was based and therefore, in application of the principle
Ruling on the extraordinary legal remedy, May 8, 2012. Annex to the brief of January 10, 2016 from the petitioners.
Complaint filed on June 7, 2011. Annex to the brief of January 10, 2016 from the petitioners.
66 Judgment of October 20, 2011. Annex to the brief of January 10, 2016 from the petitioners.
67 Appeal court judgment of December 13, 2011. Annex to the brief of January 10, 2016 from the petitioners.
68 Cassation judgment of February 6, 2012 and dismissal of the complaint appeal of May 21, 2012. Annex to the brief of January 10, 2016
from the petitioners.
69 Article 4.1 of the American Convention establishes the following, as applicable: 1. Every person has the right to have his life respected.
This right shall be protected by law and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life.
70 Article 5.1 of the American Convention establishes the following, as applicable: 1. Every person has the right to have his physical, mental,
and moral integrity respected.
71 Article 26 of the American Convention establishes the following: The States Parties undertake to adopt measures, both internally and
through international cooperation, especially those of an economic and technical nature, with a view to achieving progressively, by
legislation or other appropriate means, the full realization of the rights implicit in the economic, social, educational, scientific, and cultural
standards set forth in the Charter of the Organization of American States as amended by the Protocol of Buenos Aires.
72 Article 1.1 of the American Convention establishes the following: 1. The States Parties to this Convention undertake to respect the rights
and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and
freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin,
economic status, birth, or any other social condition.
73 Article 7. The States Parties condemn all forms of violence against women and agree to pursue, by all appropriate means and without
delay, policies to prevent, punish and eradicate such violence and undertake to:
a. refrain from engaging in any act or practice of violence against women and to ensure that their authorities, officials, personnel, agents,
and institutions act in conformity with this obligation;
b. apply due diligence to prevent, investigate and impose penalties for violence against women;
c. include in their domestic legislation penal, civil, administrative and any other type of provisions that may be needed to prevent, punish
and eradicate violence against women and to adopt appropriate administrative measures where necessary;
d. adopt legal measures to require the perpetrator to refrain from harassing, intimidating or threatening the woman or using any method
that harms or endangers her life or integrity, or damages her property;
e. take all appropriate measures, including legislative measures, to amend or repeal existing laws and regulations or to modify legal or
customary practices which sustain the persistence and tolerance of violence against women;
f. establish fair and effective legal procedures for women who have been subjected to violence which include, among others, protective
measures, a timely hearing and effective access to such procedures;
g. establish the necessary legal and administrative mechanisms to ensure that women subjected to violence have effective access to
restitution, reparations or other just and effective remedies; and
h. adopt such legislative or other measures as may be necessary to give effect to this Convention.
64
65
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