9 40. The investigation revealed that Dr. Emilio Guerrero Gutiérrez, a foreign physician, had 30 not begun formalities for a work permit nor for approval of his professional license in Ecuador. On September 18 and 20, October 16, November 14, and December 27, 2000, the complainant submitted a 31 filing with the First Criminal Judge of Guayas for a warrant for the arrest of the accused to be issued, and she spoke of the delay in processing her submissions and in responding to her requests for an 32 examination of the place of the facts. 41. On March 22, 2001, Judge Fernando Moreira, the Second Criminal Judge of Guayas, declared the investigation at an end for the reason that the deadline had been reached and ordered the complainant to make a formal accusation in order for the file to be referred to the Public Prosecution 33 Service for its ruling. On March 27, 2001, the parties were informed of the conclusion of the 34 35 investigation and the accusation was formally made by the complainant on March 29, 2001 ; two months later, on May 29, 2001, the First Criminal Prosecutor of Guayas, Bolívar Escobar Rodríguez, issued a ruling accusing Emilio Guerrero of the crime of bodily harm as described in the Ecuadorian 36 Criminal Code of 1971, Article 466, which provides: If the blows or wounds cause an illness or inability to work lasting more than ninety days, or a permanent inability to pursue the work that the victim previously pursued on a habitual basis, or a serious illness, or the loss of a secondary organ, the punishment shall be a prison term of between one three years and a fine […]. 42. On June 7, 2001, the complainant requested that the investigation be expanded to cover Dr. Wilson Minchala Pinchú, that the Minchala Clinic be closed down, that Drs. Minchala and Guerrero be taken into custody, and that Drs. Minchala and Guerrero be prevented from leaving the country “since the proceedings have ignored the level of responsibility of Dr. Wilson Minchala Pichú [owner of the Minchala Clinic] as an accomplice and accessory after the fact in the commission of the crime, in light of his careless and reckless negligence, and for authorizing a unlicensed physician to practice in the country 37 […].” 43. Two months later, on August 14, 2001, the judge reopened the investigation, summoned Dr. Guerrero Gutiérrez to appear, and ordered the expansion of the investigation and the trial 38 commencement deed to cover Wilson Minchala. On August 23, 2001, Dr. Minchala Pichú appeared before the court; he challenged the grounds of the private accusation lodged by Ms. Melba Peralta and requested a new date to give his statement to the investigation and, on August 29, he requested the 30 Annex 11. Document No. 075-SERH-MIG-2000 of September 1, 2000. Annex 1 to the initial petition received on February 23, 2006, Case file in Prosecutorial Inquiry No. 2316-2000, p. 44. 31 Annexes 12, 13, 14, and 15. Documents of September 18 and 20, October 16, and November 14, 2000. Annex 1 to the initial petition received on February 23, 2006, Case file in Prosecutorial Inquiry No. 2316-2000 pp. 42, 45, 55, and 56. 32 Annexes 14 and 15. Documents of October 16 and November 14, 2000. Annex 1 to the initial petition received on February 23, 2006, Case file in Prosecutorial Inquiry No. 2316-2000 pp. 55 and 56. The petitioner reports that the examination of the place of the facts took place on February 6, 2001. 33 Annex 17. Declaration of conclusion of investigation, March 22, 2001. Annex 1 to the initial petition received on February 23, 2006, Case file in Prosecutorial Inquiry No. 2316-2000, p. 60. 34 Annex 16. Notice of conclusion of investigation, March 27, 2001. Annex 1 to the initial petition received on February 23, 2006, Case file in Prosecutorial Inquiry No. 2316-2000, p. 60. 35 Annex 18. Formal accusation against Emilio Guerrero, March 29, 2001. Annex 1 to the initial petition received on February 23, 2006, Case file in Prosecutorial Inquiry No. 2316-2000, p. 61. 36 Annex 19. Accusation ruling against Emilio Guerrero of May 29, 2001. Annex 1 to the initial petition received on February 23, 2006, Case file in Prosecutorial Inquiry No. 2316-2000, p. 63. 37 Annex 20. Request for expansion of investigation, dated June 7, 2001. Annex 1 to the initial petition received on February 23, 2006, Case file in Prosecutorial Inquiry No. 2316-2000, p. 66. 38 Annex 21. Order expanding the investigation to cover Wilson Minchala, August 14, 2001. Annex 1 to the initial petition received on February 23, 2006, Case file in Prosecutorial Inquiry No. 2316-2000 pp. 67 and 68.