7 16 and to provide free attention in their different services,” pursuant to Article 362 of the Constitution of Ecuador. The State maintains that good faith assumes honest collaboration among the parties, visible in reasonable and coherent actions that aim at the conclusion of a mutually satisfactory settlement and that, in the case at hand, “the disposition of the Ecuadorian State is evident, but reasonable and coherent 17 behavior on the part of the victim’s representative cannot be seen.” IV. ANALYSIS OF THE MERITS A. Findings of fact 34. On July 1, 2000, Melba del Carmen Suárez Peralta was operated on by, among others, 18 Dr. Emilio Guerrero Gutiérrez, at the private Minchala Clinic in the city of Guayaquil for “possible 19 appendicitis problems.” Three days after her surgery, and after she had been released, the patient 20 began to suffer intense abdominal pain, vomiting, and other complications. 35. On July 12, 2000, Dr. Héctor Luis Taranto received Ms. Suárez Peralta in the emergency room of Luis Vernaza Hospital. The victim was pale, with abdominal swelling, anorexia, and abdominal pain, and she was diagnosed with acute postsurgical abdomen and, as a result, had to undergo surgery 21 again for a reexploratory laparotomy. That procedure found dehiscence of the appendicular stump 22 (suture), localized peritonitis, and fibrin clumps. The patient had to undergo several procedures, including the aspiration of purulent matter, her abdominal cavity was washed and drained, and part of her 23 intestine was removed, because a “dirty operation” had been performed. 36. On August 3, 2000, Melba Peralta Mendoza, the mother of Melba del Carmen Suárez 24 Peralta, lodged a criminal complaint on behalf of her daughter against “Dr. Emilio Guerrero Gutiérrez, 16 Office of the Attorney General of the State, document received on April 13, 2010. 17 Office of the Attorney General of the State, document received on April 13, 2010. 18 Annex 1A. According to press reports, the Minchala Clinic was closed down on at least two occasions (May 7, 2002, and October 2007) by the Health Ministry and the Provincial Health Directorate, respectively. Information available at: http://www.eluniverso.COM/2002/05/08/0001/18/A094FBD74A8B4FFD80CAC7B6BAA1747A.HTML (“Two Clinics Closed by Ministry of Health”) and http://www.eluniverso.COM/2007/10/14/0001/1064/D2D46BDDA22A46E79986D9EE912809BB.HTML (“Failed Medical Care Causes More Deaths”). 19 Annex 1. Private accusation presented by Melba Peralta Mendoza, assigned by lot to the First Criminal Trial Court of Guayas, on August 3, 2000. Annex 1 to the initial petition received on February 23, 2006, Case file in Prosecutorial Inquiry No. 2316-2000, p. 1. 20 Annex 1. Private accusation presented by Melba Peralta Mendoza, assigned by lot to the First Criminal Trial Court of Guayas, on August 3, 2000. Annex 1 to the initial petition received on February 23, 2006, Case file in Prosecutorial Inquiry No. 2316-2000, p. 1; and Annex 2: Statement to the inquiry given by Melba del Carmen Suárez Peralta to the First Criminal Trial Court of Guayas, September 6, 2000. Annex 1 to the initial petition received on February 23, 2006, Case file in Prosecutorial Inquiry No. 2316-2000 p. 38. 21 Annex 3. Luis Vernaza Hospital, Operation report of July 12, 2000. Annex 1 to the initial petition received on February 23, 2006, Case file in Prosecutorial Inquiry No. 2316-2000 p. 4. 22 Annex 4. Testimony of Dr. Héctor Luis Taranto Ortiz, given to the First Criminal Judge of Guayas, November 12, 2001. Annex 1 to the initial petition received on February 23, 2006, Case file in Prosecutorial Inquiry No. 2316-2000, p. 121. The reasons for the patient’s admission were “fever, vomiting, abdominal pain, and postsurgical dehiscence of suture (right parietal). She underwent surgery on July 12, 2000. Postoperation diagnostic: dehiscence of appendicular stump. Operation performed: Reexploratory laparatomy. Right hemicolectomy + ileo-transverse anastomosis + washing and draining the cavity. Surgical findings: dehiscence of the appendicular stump (suture), localized peritonitis, and fibrin clumps. Pathological diagnosis: Transverse colon and ileum: acute peritonitis. Vascular Thrombosis (area of appendicular stump). Clinical history of appendectomy seven days prior. Abdominal sepsis.” Annex 5. Report of forensic physician Juan Montenegro Clavijo of September 18, 2001. Annex 1 to the initial petition received on February 23, 2006, Case file in Prosecutorial Inquiry No. 2316-2000 p. 46. 23 Annex 3. Luis Vernaza Hospital, Operation report of July 12, 2000. Annex 1 of the initial petition received on February 23, 2006, Case file in prosecutorial inquiry No. 2316-2000 p. 4. 24 Complaint lodged in accordance with Art. 40 of Ecuador’s CCP of 1983: “Form and contents of the complaint. cont.