15
70. On January 5, and 6, 1999, TGGL’s mother sent separate communications to the Fourth Prosecutor
requesting that: i) three doctors of hematology be nominated as expert witnesses; ii) the blood tests
performed on TGGL “being stored at the Institute of Hygiene and Tropical Medicine” be collected; iii) the
Director of the National Institute of Hygiene and Tropical Medicine be ordered to send the tests performed on
HS to determine HIV antibodies; and iv) the Director of the Pablo Jaramillo Humanitarian Clinic be ordered to
send TGGL’s medical history, and specifically the “bone marrow test” performed by Pablo Arturo Monsalve.”73
71. On January 14, 1999, the Humanitarian Clinic sent to the Fourth Court the medical history and all
the tests performed on the girl TGGL.74
72. On January 21, 1999, Mr. José Rolando Ordoñez, one of the individuals who went to donate blood
at the Red Cross on June 22, 1998, made a statement.75
73. On March 24, 1999, two expert witnesses were nominated and they formulated some of the
questions put forward by TGGL’s mother.76 Thus, they asked the following questions:
1.- That an examination be made of the medical history of the minor both at the Catholic
Hospital as well as at the Humanitarian Clinic as it appears in the files, to determine the
symptoms she arrived with, what was the treatment administered, and under what
conditions she was discharged; 2. That the expert witnesses verify the codes assigned to
each donor on June 22, 1998, and indicate the code number of Mr. [HS]; 3. That the Red
Cross verify from what blood and from which donor they obtained the platelets used in the
transfusion to the minor (…); 4. That the Azuay Red Cross also verify the time and date when
Mr. Henry Salazar donated blood and the tests undertaken on this blood; 4(sic) That the
expert witnesses indicate what scientific methods were used by the Azuay Red Cross and
when (sic) confident with these to establish whether the blood of a donor has the HIV virus;
and 5. To specify the day and time when the blood transfusion to (…) took place” 77.
74. After various proceedings, the nomination of these expert witnesses was declared invalid, and on
July 5, 1999, two expert witnesses from the list of the College of Physicians were designated: Doctors Juan
Peralvo and Nardo Vivar, who were asked to present a report within ten days. 78 These expert witnesses took
up their posts on July 28, 1999.79
75. After requesting an adjournment, on August 17, 1999, doctors Juan Peralvo and Nardo Vivar
issued their experts’ report which referred to: i) the time and method used to obtain the platelet concentrate
73 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. Requests from TGGL’s mother of January 5 and 6, 1999. Folios 44 and 45.
74 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. Communication of the Pablo Jaramillo Humanitarian Clinic Foundation of January 14,
1999. Folio 49.
75 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 José Rolando Ordoñez. Folio not numbered, between 56 and 57.
76 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 of March 24, 1999. Folio 58.
77 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 of March 24, 1999. Folio 58.
78 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 of June 5, 1999. Folio 62.
79 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. Certificate of July 28, 1999. Folio 63.