17
indicated that they have been used in developing countries where the equipment or training has been lacking
and concluded that, in general, they are reliable tests. 86
78. Concerning the question of how long it takes to detect the presence of the HIV virus after a blood
transfusion and contaminated platelets, they indicated that it could be done by “virus quantification
techniques within a relatively short period (from 1 to 3 weeks after exposure) with the said acute HIV
infection. But the sero-conversion (…) generally takes from 6 to 12 weeks after transmission.” They added
that it is variable from one subject to another and that in cases of blood transfusion antibodies may be
detected within a shorter period than that of transmission by sexual means.87
79. In the final part of their experts’ report, they indicated the necessity for undertaking a viral
genotype comparison test and a nucleotide sequence analysis, in the following terms:
From a scientific standpoint, what may help to establish or eliminate the possibility that the
blood transfusion caused the presence of HIV antibodies in the child [TGGL] is the
identification and comparison of viral genotype and nucleotide sequential analysis of the HIV
through hybridization techniques, on the blood of Mr. Henry Salazar and the child (…). This
highly sophisticated technique (corresponding to molecular biology specialty) has not yet
been fully implemented in this country, but, if necessary, contact could be made to send
blood samples to the European Molecular Biology Bank (in Heidelberg, Germany). 88
80. On September 8, 1999, summary proceedings were closed and the Prosecutor was asked to issue
an opinion within the legal timeframe.89
81. On September 14, 1999, TGGL’s mother requested that the Fourth Court reopen the summary
proceedings, indicating that essential pieces of evidence needed to be produced, including those suggested by
the expert witnesses.90
82. On October 19, 1999, the Fourth Prosecutor requested the reopening of summary proceedings in
order to carry out the necessary procedural steps “to establish who was the person responsible” for the
infection. These procedural steps included: i) amplification of Dr. Pablo Monsalve and Dr. Edith Orellana’s
testimony, to ascertain “which person or employee of the Red Cross, on the night of June 22, 1998, received
the blood or platelets” for TGGL’s transfusion; ii) amplification of the evidence provided by TGGL’s mother,
and of Eulalia Dávalos and Luz Elena Dávalos; iii) the statement of Berta Regalado; and vi) the statement of
HS’s cohabitee.91
86 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. Expert witness report of August 16, 1999, of Drs. Juan Peralvo Roman and Nardo
Vivar Idrovo. Folios 67 to 74.
87 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. Expert witness report of August 16, 1999, of Drs. Juan Peralvo Roman and Nardo
Vivar Idrovo. Folios 67 to 74.
88 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. Expert witness report of August 16, 1999, of Drs. Juan Peralvo Roman and Nardo
Vivar Idrovo. Folios 67 to 74.
89 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 September 8, 1999. Folio 75.
90 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. Request to reopen summary proceedings of September 14, 1999. Folios 76-78.
91 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. Request to reopen summary proceedings of October 19, 1999. Folio 81.