of it due to the presence of blood in the uterus."25 The State did not contest the existence of these elements to
which the private prosecution referred.
45.
Regarding Paola's mental health prior to her death, Doctor Cortés stated that she was not
suffering from any mental illness that would lead her to commit suicide, and that the reconstruction of what
had taken place in days prior indicated a situation of significant stress from learning her mother had been called
to the school. The doctor stated that “in conclusion, the [psychological] autopsy finds that this was an act of
suicide to denounce sexual transgression with an incestuous dynamic, the result of a symptomatic romantic
attachment facilitated by the immaturity of adolescence and psychosocial vulnerability, precipitated by the
imminent revelation of the facts by third parties.”26
46.
In her written expert report, Dr. Cortés copied the text of one of the three suicide notes written
by Paola before she died.27 She stated that Petita Albarracín suffers from “psychosocial damage as a result of
the indirect victimization from the suicide and the sexual abuse, in her capacity as a mother. Psychosocial
damage was also caused to her through the direct victimization perpetrated by the judicial investigation
process of which the State of Ecuador was in charge.” It concluded that Paola’s sister, Denisse Selena Guzmán
Albarracín, suffers from “psychosocial damage as a result of indirect victimization from the facts and the judicial
investigation process."28
D.
Domestic proceedings and information that emerged during them on the facts prior to
the death of Paola del Rosario Guzmán Albarracín
1.
Criminal proceeding
47.
The petitioner stated that on December 17, 2002, Paola's father filed a criminal complaint
against the vice principal before the Office of the Public Prosecutor of Guayas over the death of his daughter. In
the complaint, Mr. Guzmán Bustos stated that “the decision to swallow the poisonous white phosphorous
pellets was in response to a romantic deception, as the vice principal of the school, Mr. Bolívar Espín Zurita,
had seduced my daughter, and among her belongings were found three letters: two for this Mr. Espín Zurita
and one for the mother of the girl, the originals of which are attached to this complaint.”29 The State did not
dispute this fact. A document expert report signed by experts of the forensics department of the Judicial Police
Attachment 11. Private prosecution brought by Ms. Petita Albarracin on October 13, 2003. Attached to initial petition.
Public hearing held on October 19, 2015, before the IACHR.
27 Attachment 12. Expert report from Dr. Ximena Cortés. Attached to the communication of the petitioner, October 14, 2014. The letter
reads as follows:
From: your beloved princess
To: The man I love.
I write you this letter because I love you
even though you always betrayed it
I never cared because I only
wanted to be with you.
Now I am not with you but I hope
that you will always remember me as one
of the many women you have had and that I am sure
you will continue loving and having.
My love I took poison because I can no longer
stand all the things I’ve suffered.
I hope you don’t tell anyone what I
have written you here.
I fell in love with an older person.
That was you, you took the love that I
had for my lover I could not stop
thinking about you day and night.
Take care, my love. I love you.
Bolívar and Paola.
28 Attachment 12. Expert report from Dr. Ximena Cortés. Attached to the communication of the petitioner, October 14, 2014.
29 Attachment 1. Communication of the petitioner, October 14, 2014.
25
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