70.
On September 14, 2006, Cesia Leyla Poblete Tapia gave a statement to the First Civil
Court.70 On October 18, 2006, Lili Marlene Rojas Hernández gave a statement to the First Civil
Court.71
71.
On November 21, 2006, the attorney of the accused Dr. María Carolina Chacón again
filed a motion for the dismissal of the case.72 The following day, the First Civil Court declared the
committal proceedings closed.73 On December 7, 2006, those same attorneys requested that the
Court “close the committal proceedings and issue formal charges against the defendant or order her
temporary or permanent dismissal from the case.” 74 In response, the First Civil Court resolved that
“based on the facts, the existence of the alleged crime has not been sufficiently established by the
proceedings” and “this case is temporarily dismissed, until new and better evidence for the
investigation is collected.”75
72.
On January 29, 2007, Vinicio Poblete Tapia’s attorneys requested that the committal
proceedings be reopened on the grounds that “the investigation undertaken previously (…) lacks
important background details with a direct relation to the case, which have not been taken into
consideration because they were not pursued by the Court, even though they were requested during
the committal proceedings.” They also requested that the following formalities be carried out: (i) that
statements be taken from Alejandra and Jorge Fuentes Poblete; (ii) that summonses again be served,
by means of notification at their current workplaces, on the surgeon Elizabeth Aviles Castillo, the
nurse Ana Yánez Torres, and Marcelo Garrido Salvo; (iii) that Vinicio Antonio Poblete Tapia’s body be
exhumed; and (iv) that the Ministry of Health report on the progress of administrative committal
proceedings against the personnel of the Sótero del Río Hospital.76
73.
On February 17, 2007, the First Civil Court withdrew the case from the archive 77
and, on April 17, 2007, reopened the committal stage. 78
74.
On May 23, 2007, the First Civil Court verified that Dr. Luis Carvajal Freire was still
working at the Sótero del Río Hospital.79
68 Annex 51. Submission by María Carolina Chacón Fernández’s attorneys, received on September 5, 2006, by the
First Civil Court (annex to the State’s submission of September 23, 2008).
69
2008).
Annex 52. First Civil Court, resolution of September 14, 2006 (annex to the State’s submission of September 23,
70 Annex 3. Statement given to the First Civil Court by Cesia Leyla Siria Poblete Tapia on September 14, 2006 (annex
to the State’s submission of September 23, 2008).
71 Annex 53. Statement given to the First Civil Court by Lily Marlene Rojas Hernández on October 18, 2006 (annex
to the State’s submission of September 23, 2008).
72 Annex 54. Submission of María Carolina Chacón Fernández’s attorneys, received on November 21, 2006, by the
First Civil Court (annex to the State’s submission of September 23, 2008).
73
Annex 55. First Civil Court, resolution of November 22, 2006 (annex to the State’s submission of September 23,
2008).
74 Annex 56. Submission of María Carolina Chacón Fernández’s attorneys, received on December 7, 2006, by the
First Civil Court (annex to the State’s submission of September 23, 2008).
75
Annex 57. First Civil Court, order of December 11, 2006 (annex to the State’s submission of September 23, 2008).
Annex 58. Submission of Vinicio Poblete Tapia’s attorneys of January 29, 2007 (annex to the State’s submission of
September 23, 2008).
76
77
Annex 59. First Civil Court, order of February 17, 2007 (annex to the State’s submission of September 23, 2008).
78
Annex 60. First Civil Court, order of April 17, 2007 (annex to the State’s submission of September 23, 2008).
79
Annex 61. Order of the First Civil Court of May 23, 2007 (annex to the petitioners’ submission of June 4, 2007).
14