14
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punished the persons responsible for her condition. In addition, the Commission notes that because of
her deteriorating health and grave medical condition, Melba del Carmen Suárez Peralta is unable to work;
this, in conjunction with the cost of the medical treatments she requires, has affected her economic
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situation.
B.
Provisions of Ecuadorian law applicable to the case
57.
The Commission believes it is appropriate to offer a few preliminary reasonings on the
legal provisions in force at the time of the facts in the case at hand. Thus, the Code of Criminal Procedure
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of 1983 (Law 134, published on June 10, 1983) stated that, in general terms, criminal prosecutions were
public in nature and were therefore to be brought on an ex officio basis. Article 14 provided:
Art. 14. Criminal prosecutions are public in nature. In general, they shall be brought on an ex officio
basis, but private accusations shall be admissible; in the cases indicated in Art. 428 of this Code,
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however, they shall be brought solely by private accusation.
58.
In addition, the CCP previously in force stated that in publicly actionable offenses, the
bringing and pursuit of criminal proceedings for their investigation was the task of the Public Prosecution
Service. That is regardless of the ability of the victims or their relatives to make filings as private accusers,
…Cont.
submission received on December 14, 2009. In September, she was treated for nervous hypertension at the Moreno Specialties
Clinic. Annex 73. Medical Certificate of September 24, 2007. Annex 4 of the petitioner’s submission received on December 14,
2009. In 2008, she underwent medical examinations at the Family Medical Point. Annex 74: Documents from Family Medical Point.
A series of medical examinations were carried out, and a bland diet and drug regime were imposed. Annex 7 of the petitioner’s
submission received on December 14, 2009. In May, she was admitted to the San Francisco Hospital for five days, on account of
abdominal and precordial pain, nausea, and vomiting. Annex 75: Documents related to Melba del Carmen Suárez Peralta’s
admission to the San Francisco Hospital on May 18 to 22, 2008. Annexes to the petitioner’s submission received on May 27, 2008.
Annex 76. Medical certificate of August 8, 2008. Annex 2 of the petitioner’s submission received on December 14, 2009. In August
2008, she was again hospitalized on account of precordial pain. Annex 77. Consumption in hospitalized patients as of August 8,
2008. Annex 2 of the petitioner’s submission received on December 14, 2009. In addition, Melba del Carmen Suárez Peralta was
admitted to the Alcívar Clinic on January 18, 2009, where she remained for six days on account of intestinal problems; on January
24, she was operated on to eliminate adherences; on June 23, she was treatment for a series of complaints including stomach pains
and vomiting; and on October 20, she was admitted for five days for similar health problems. Annex 78. Alcívar Hospital, Epicrisis
sheet of January 20, 2009. Annex 2 of the petitioner’s submission received on December 14, 2009.
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At the working meeting between the parties held on November 4, 2009, during the IACHR’s 137th period of sessions in
Washington, D.C., Ecuador agreed to provide Melba del Carmen Suárez with free medical care through the state health network,
without that implying any kind of acceptance of international responsibility by the State. Annex 79. Working meeting minutes signed
on November 4, 2009. The petitioner has stated that such assistance has not materialized. Petitioner’s submission, received on
February 22, 2010. In response, the State contends that on November 24, 2010, it urged its Ministry of Health to take the steps
necessary to ensure Melba del Carmen Suárez Peralta free care at one of the public hospitals in Guayaquil. Office of the Attorney
General of the State, Document No. 13321, received on April 13, 2010.
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Petitioner’s submission, received on February 22, 2010. Petitioner’s claim not disputed by the State. See also Annex
79: Working meeting minutes signed on November 4, 2009.
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On January 13, 2000, Law No. 000.RO/Sup 360 was published, whereby the new Code of Criminal Procedure was
issued; it came into force eighteen months after its publication (final transitory provision) and, pursuant to its first transitory provision,
“Criminal proceedings already underway when this Code of Criminal Procedure comes into effect shall continue under the previous
rules of criminal procedure until their conclusion, while observing the provisions of due process enshrined in the Constitution of the
Republic.”
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Article 428 of the CCP stated:
Under private accusations, criminal judges shall judge the following offenses only: (a) Statutory rape against a
woman aged between sixteen and eighteen years; (b) Abduction of a woman aged between sixteen and
eighteen years who consented to her abduction and voluntarily followed her abductor; (c) Defamatory slander
and serious nondefamatory slander; (d) Damage to privately-owned woods, orchards, or gardens, through the
felling, stripping, or destruction of trees; damage to rivers, canals, streams, hatcheries, or deposits of water,
either by destroying privately-owned aqueducts, dikes, bridges, or dams, or by introducing substances intended
to destroy fish and other ichthyological species; damage leading to the death or injury to horses and other
domestic and domesticated animals; damage caused by the destruction of fences or any type of enclosures; the
suppression or modification of boundaries, and the blocking of ditches; and (e) all other usurpation offenses not
covered in the previous section.