12 President; and at the provincial level by the Provincial President. This is in accordance with the provisions of Title XXX of the First Book of the Civil Code (…)48. 48. The Blood Bank of the Red Cross of Azuay has been operating since 1951, when it opened its doors to serve the community of the province of Azuay and sometimes others such as del Cañar, El Oro, etc.49 49. The Commission does not have information on the regulations governing the working of the Blood Bank at the time of the events. The 1971 Health Code does not include provisions in this field. By 2006, with the enactment of the Organic Health Law, the following was established: Art. 71.- The national health authority shall enact rules relating to the procedures for the donation, transfusion, use and monitoring of the quality of human blood with its components and derivatives, to ensure equal, efficient, sufficient and safe access, the preservation of the health of donors, and the highest level of protection for the recipients as well as for the health personnel. Art. 72.- The national health authority, through the competent bodies, shall provide licenses to blood providers (haemocentres, Banks, storage and transfusion services) and to the industrial plasma fractionation facilities, both public and private, in accordance with the law in force. 50. In general terms, regarding health facilities, the Health Code of 1971 established that: Art. 168.- The health authority will establish the norms and requirements that medical facilities should comply, and will inspection them and evaluate them periodically. Art. 169.- The medical facilities will submit their anual programs and rules of procedure, for the approbation of tjhe health authority. F. Regarding the Criminal Trial 51. On September 29, 1998, TGGL’s mother lodged a criminal complaint.50 On October 19, 1998, the Fourth Criminal Court of Azuay (hereinafter “the Forth Court”) ordered the trial to proceed.51 52. On the same date, Pablo Arturo Monsalve –the doctor who diagnosed TGGL with thrombocytopenic purpura and considered a transfusion of two units of blood and platelets necessary— made a statement. He was the Director of the Red Cross Blood Bank at the date of the events.52 53. On October 19, 1998, Edith Alexandra Orellana made a statement. She was the Biochemist at the Red Cross, who performed the HIV tests on the blood of HS on June 23, 1998. 53 54. On October 20, 1998, the donor HS made a statement as to what happened on the day he donated blood and how he later learned that he was an HIV carrier.54 See. http://www.cruzroja.org.ec/plantilla_texto.php?id_submenu1=2&id_menu=2 See http://www.cruzrojaazuay.org/CR/bs.php 50 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05. Superior Court of Justice of Cuenca. First Chamber. Complaint received on September 29, 1998. Folio 264. 48 49 51 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05. Superior Court of Justice of Cuenca. First Chamber. Order for trial to proceed of October 19, 1998. Folio 266. 52 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05. Superior Court of Justice of Cuenca. First Chamber. Statement of Pablo Arturo Monsalve Toral of October 19, 1998. Folios 279 and 280. 53 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05. Superior Court of Justice of Cuenca. First Chamber. Statement of Edith Alexandra Orellana of October 19, 1998. Folio 282.