8 the nurse, and the anesthetist” who participated in Ms. Suárez Peralta’s operation. The accusation against Dr. Guerrero “plus any accomplices and accessories after the fact that might emerge” was for “incurring in medical malpractice as a result of a dirty operation, without the proper precautions and without the necessary human materials, with a lack of professionalism in addition to unskilled 25 negligence.” 37. The Code of Criminal Procedure of Ecuador (hereinafter also “Code of Procedure” or “CCP”) states that all criminal proceedings brought before a competent court or judge for the commission of a crime require the participation of the Public Prosecution Service (MP), even proceedings involving a 26 private accuser, provided that the offense was publicly actionable. 38. On August 16, 2000, the First Criminal Judge of Guayas, Ángel Rubio Game, issued a trial commencement deed against “Emilio Guerrero Gutiérrez, plus any accomplices or accessories after 27 the fact who might emerge,” thereby beginning the investigation stage of the proceedings (sumario). 39. On August 7, 14, and 28, 2000, the complainant asked the judge to carry out such formalities as assessing the private accusation, examining the place of the facts, the diagnostic 28 assessment and evaluation of the patient, and the certification of Emilio Guerrero’s contract. During 2000, the judge issued a series of documents and notices ordering the performance of various formalities. Inter alia, he requested the patient’s medical records and ordered the start of investigations, the examination of the place of the facts, the verification of the employment status of Dr. Emilio Guerrero, a forensic medical examination of Melba del Carmen Suárez, and the report on the license and operating 29 requirements of the Minchala Clinic. …Cont. The private accuser shall appear before the competent judge with his complaint, which shall be in writing and shall contain: 1. Full name and address of the accuser; 2. Full name of the accused and, if possible, his address; 3. Detailed description of the infraction, indicating place, day, approximate time, month, and year when it was committed; 4. A request for the procedural formalities deemed necessary to justify the narrative; 5. A statement formalizing the private accusation. […].” 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. 25 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 pp. 1 to 3 26 Article 23 of Ecuador’s 1983 CCP. 27 In the trial commencement deed, the judge ordered the following procedural formalities: receiving a statement to the investigation from the complainant; receiving a statement to the investigation from the accused (no such statement was given at any time in the proceedings); performing an examination of the place of the facts, with the appointment of experts; serving notice on: the Director of the Luis Vernaza Hospital (to submit the patient’s medical records), Director General of Immigration Affairs (to report on the entry of the accused into the country), Minchala Clinic (to submit the patient’s medical records); Head of Immigration of the Tax Police, Deputy Director of Labor (to certify or submit copies of the work permit or professional license enabling him to work in the country), and Judicial Police (to conduct investigations); receiving statements from all individuals aware of the offense; and performing all procedural formalities necessary for the complete and optimal organization of the investigation. Annex 6. Trial commencement deed of August 16, 2000. Annex 1 to the initial petition received on February 23, 2006, Case file in Prosecutorial Inquiry No. 2316-2000 pp. 25 to 26 28 Annexes 7, 8 and 9. Documents dated August 7, 14, and 28, 2000. Annex 1 to the initial petition received on February 23, 2006, Case file in Prosecutorial Inquiry No. 2316-2000 pp. 22, 24, and 40. 29 Annex 10. Documents ordering formalities. Annex 1 to the initial petition received on February 23, 2006, Case file in Prosecutorial Inquiry No. 2316-2000, between pp. 27, 37, and 54.