6. They indicate that, in December 1998, the prosecutor dealing with the case requested sentences of 3 years
prison and 9 years disqualification from practicing medicine for the medical staff charged; nevertheless, in July
2003, the judgment acquitted them. They report that said ruling was upheld in the court of second instance and
that the extraordinary federal appeal was ruled inadmissible because it was filed outside the statutory timelimits, which occurred as a result of a “ploy” used by the court’s staff when receiving the appeal, which
prevented them from having access to appeal on time. They explain that, although it was filed at 9:29, the staff
marked the time of receipt at 9:32 by hand, instead of using the official date stamp.
7. As for the case of the falsification of a public instrument which was filed at the same time, they allege that
the stage of pre-trial investigation extended for more than four years, during which the judge hearing the case
acquitted the experts being charged five times and, each time, the Fourth Chamber of the Court of Appeals
overturned the decision to acquit. After the fourth acquittal was overturned, the judge hearing the case decided
to request an forensic expert report from the plenary of the Medical Examiners Corps of the Supreme Court of
Justice of the Nation (Cuerpo Médico Forense de la Corte Suprema de Justicia de la Nación, hereinafter referred
to as the “Medical Examiners Corps”) which had ruled that the expertise provided in the trial of the physicians
of the Hospital Público Sardá had been correct, dismissing the possibility that there had been any medical
malpractice committed. They point out that, although the expertise had been declared null and void “because
of the corrupt practices” of its members, there were court proceedings and rulings that took that evidence―as
well as other evidence that had been challenged―as a precedent, which would tend to establish the use of
illegally obtained evidence.
8. They add that, in November 1997, the judge ordered another expert report, this time entrusted to the
Catholic University of the Province of Córdoba. That expert report showed that Ms. Britez Arce died of
preeclampsia-eclampsia pathology, which had not been duly diagnosed; that no treatment had been
prescribed; that minimum monitoring recommendations had not been made; that she had not been correctly
assessed during prenatal checkups; and that she had not been given the right medicines. Nevertheless, that
expert report was used as the grounds for acquitting the experts. They indicate that recusal of the judge hearing
the case was requested for “unwarranted delays,” for the “judge’s interest in the trial,” and for “prejudgment.”
They note that said recusal was turned down.
9. The petitioners indicate that, in April 1998, the former spouse of Ms. Cristina Britez Arce filed a complaint
against the 31 members of the Medical Examiners Corps for making false statements. In April 1999, the judge
hearing the case decided to acquit the 31 physicians charged in the case. They allege that, in the appeal to this
ruling, 26 essential pieces of evidence were not taken into consideration and that they were denied a duly
reasoned judgment. They report that a cassation appeal was filed against this ruling and, subsequently, an
appeal was filed complaining that the cassation had been denied, as well as an extraordinary federal appeal, all
of them dismissed on the basis of the argument that the proceeding was confined to assessing the evidence.
The petitioners assert that they were unable to have access to a comprehensive review of the judgment as
stipulated by Article 8.2(h) of the Convention.
10. They allege that the impunity that the 31 members of the Medical Examiners Corps secured directly
impacted the rest of the cases because the physicians accused of malpractice were acquitted and charges were
dropped, as well as the experts who conducted the first expert examination.
11. They indicate that, in 1994, they filed civil proceedings for damages and it was only 18 years later that they
obtained a final judgment. They state that, also in this proceeding, irregularities appeared, such as the fact that
one of the physicians appointed to conduct the expertise, Dr. Barrón, although he was sworn in as an
independent expert, was brought into the case on purpose because he had been an expert on the same elements
of the expertise (the causes of the death of Cristina Britez and her unborn child) in March 2002 in a report
produced by the Medical School of the University of Buenos Aires in the case lodged against the experts
Casavilla and Poggi. They indicate that the judgment from the court of first instance was based on the expertise
of that expert, who had already given his opinion on this issue. They add that, in the court of second instance,
Dr. Barrón’s expertise was dispensed with, but no other expertise was taken into consideration to uphold the
dismissal of the complaint.
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