19
91. On February 10, 2000, TGGL’s mother once more requested from the Fourth Prosecutor that the
specialized tests suggested by the expert witnesses be performed. 100
92. On February 25, 2000, the Judicial Police was requested to provide an answer to the order
relating to the detention of Mrs. Marcia Méndez – partner of Mr. HS – so that she should provide a statement.
101 Without receiving the said declaration, on March 22, 2000, the summary proceedings were closed for a
second time, and the Prosecutor was ordered to produce an opinion within the legal time limit.102
93. On May 5, 2000, TGGL’s mother again requested that the specialized test suggested by the expert
witnesses be carried out.103
94. On May 15, 2000, at the request of the Prosecutor, the Fourth Court ordered the reopening of the
summary proceedings and required the following procedural steps be carried out: i) inspection of the Red
Cross files for May 18, 2000; ii) a request to the Red Cross to certify the signatures and initials on the
documents registering the blood taken under numbers 43137, 43144, 43141, 43149, 43146, 43142, 43097
and 43095; iii) a request to the Humanitarian Clinic to provide the medical history of Mrs. Ana Plaza
Suconota; iv) amplification of the expert witnesses’ report indicating the importance of the initials found on
the document called “transfusions”; and v) undertaking a test for identifying and comparing the viral
genotype by hybridization techniques on the blood of Henry Salazar and of TGGL. 104
95. On May 18, 2000, the Secretariat of the Provincial Council of the Azuay Red Cross sent a copy of
the Blood Bank registry, showing the list of persons who donated blood on June 22, 1998, and the negative
results of these samples for HIV. With regard to June 23, 1998, a donor number 37 appears, with a positive
HIV result. 105
96. On May 18, 2000, the procedural step of inspecting the Red Cross Blood Bank archives was
undertaken. It may be noted that each donor has a code entered on the computer database; that HS and five
other persons were given the numbers 43137, 43144, 43141, 43149, 43146 and 43142, respectively; and that
donor 43137 has a positive HIV result. The following is recorded: “from the observations it may be stated
that no tests whatsoever were carried out on June 22, 1998, on the donors in question, but only on June 23,
1999; smudges may also be observed in the dates on which the tests were performed, and there are also
smudges on other dates.” It is recorded that “Dr Ruth106 Orellana” stated that before December 1998,
donations received after 6pm and at weekends were not registered.107 In a communication dated May 24,
99 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 Bertha Regalado of February 10, 2000. Folio not numbered, between 91
and 92.
100 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 of TGGL’s mother of February 10, 2000. Folio 92.
101 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 February 25, 2000. Folio not numbered between 94 and 95.
102 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. Closure of Summary Proceedings of March 22, 2000. Folio 95.
103 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. Brief of TGGL’s mother received on May 5, 2000. Folio 96.
104 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 May 15, 2000. Folio not numbered between 97 and 98.
105 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. Red Cross Copies. Folio 100.
106 The Commission understands this represents a material error and the reference is to Edith Orellana, a biochemist at the
Red Cross Blood Bank.
107 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. Record of files inspection of May 18, 2000. Folio 102.