is included in the record. It concludes that the letters were written by Paola after confirming their “calligraphic
and morphological identity” against her school notebook.30
48.
On December 19, 2002, the Criminal Prosecutor of Guayas (hereinafter “the Criminal
Prosecutor”) assigned the case asked the chief of the Judicial Police of Guayas (hereinafter "the chief of police")
to appoint an agent to investigate facts of the case.31
49.
On December 24, 2002, Mr. Máximo Guzmán informed the Criminal Prosecutor that two of
Paola's classmates told him that his daughter had done a blood test and found out she was pregnant. She
therefore went to the school infirmary, where, according to what Paola told her classmates, the doctor was
going to give her an injection to abort the pregnancy, for which she was required to have sexual relations with
that doctor. He stated that the classmates had told him "they were willing to testify, but they wanted a
guarantee, as the school principal had threatened them that if they told what they knew they would suffer the
consequences."32
50.
On January 2, 2003, Bolívar Espín appeared before the Criminal Prosecutor and asked to freely
and voluntarily give his statement. In it, he stated the following:
[...] I find myself forced to give a statement [...] To reject the reckless, malicious, and baseless
complaint as follows: on Thursday, December 12, 2002, at approximately 1400 hours, I went
to the aforementioned school to do my job as an educator, and I was in my office when Ms. Luz
Arellano de Azan entered. She was very concerned and told me that a student had swallowed
white phosphorous pellets and was in the infirmary, and her mother needed to be called
urgently, at which point she used the telephone to make the call. I left my office immediately
and went to where the now deceased student was, and in the presence of several people,
including the school doctor, Dr. Raúl Ortega Gálvez, and General Inspector Luz Arellano de
Azán, the school guidance counselors, and several students, friends of the deceased. I asked
her why, why did you swallow the pellets? I asked if at that time she was having any problems
at home, with a relative, or what problem she was having. The student appeared lucid, and the
only thing she did was cry and shake her head. At that time, her mother arrived accompanied
by a relative. When they saw what state the student was in, they cried and hugged her. Upon
seeing the situation, and because the school does not have the adequate means to address
these types of emergencies, I told Dr. Raúl Ortega to issue an order for the student to be
transported to and cared for in the Hospital Luis Vernaza. I also ordered the school
superintendent to call a taxi, and in the company of the mother and her relative, along with
Doctor Ortega and the school Inspector General, I accompanied the student, who left on foot
and supported by her two relatives, to the door of the school, on Antepara Street. I should tell
you that in my capacity as vice principal, the discussions I normally have with students are on
the progress of the teaching-learning process, which they undergo with their teachers. Also,
my activity is academic, pedagogical, and therefore my relationships are professorial.
Disciplinary matters are handled by the inspector general [...].33
51.
That same day, Luz Angélica Arellano Quiroz, who at the time was the Inspector General of the
school, freely and voluntarily gave a statement on the facts before the Office of the Public Prosecutor of Guayas:
[...] On Thursday, December 12, 2002, at 14:15, the school doctor came to notify me that a
student had swallowed white phosphorus pellets. He told me to communicate with her
relatives. When I arrived at the infirmary, I recognized the student, Paola Guzmán. I asked her
why she had taken the pellets and she did not answer, but simply cried. When I asked if she
believed in God and said she should ask forgiveness, and the student prayed with me. At that
Attachment 13. Document expert report. Attached to the communication of the petitioner, October 14, 2014.
Attachment 1. Communication of the petitioner of October 14, 2014.
32 Attachment 14. Brief of December 24, 2002, by Mr. Máximo Enrique Guzmán Bustos. Attachment to initial petition.
33 Attachment 15. Statement of Bolívar Eduardo Espín Zurita. Attached to initial petition.
30
31