20
2000, the Provincial Council of the Red Cross Blood Bank indicated that the signatures and initials belonged
to the following staff of the Bank, Mariana Ramírez, samples 43097, 43095, 43144, 43142, 43141 and 43137;
and Bertha Regalado, samples 43149 and 43146.108
97. On July 10, 2000, the expert witnesses clarified the importance of the initials, indicating CGR
meant concentration of red blood cells, ST1 meant total blood 1, ST meant total blood, and CPQ meant
concentration of platelets. From these initials, it can be shown that the blood allegedly given to TGGL
(according to the Red Cross, belonging to donor 43136) was delivered as ST (total blood) to Mrs. Ana Plaza
Suconota on June 25, 1998. 109
98. On July 18, 2000, it was ordered that the two expert witnesses Peralvo and Vivar obtain blood
samples from TGGL and HS to be sent to the Catholic University Hospital of Louvain, Belgium, in order to
carry out the appropriate tests.110
99. On July 25, 2000, TGGL’s mother requested the arrest of Mr. HS, because he had failed to appear
voluntarily to give a sample.111 This request was rejected on July 31, 2000. 112 On August 15, 2000, the
Humanitarian Clinic was again ordered to send Ana Plaza Suconota’s medical history, “under lawful
constraints” 113. The medical history submitted on August 31, 2000, had one page, indicating that she was
hospitalized for seven days until July 2, 1998. No reference was made to blood transfusions. 114
100.
On the same day, August 31, 2000, summary proceedings were closed for the third time, and
the Prosecutor was ordered to issue an opinion. At that time, the specialized test suggested by the expert
witnesses had not yet been performed.115
101.
On October 11, 2000, the Fourth Prosecutor issued an opinion examining the various pieces
of evidence, taking into account the expert witnesses’ report, the inspection of documents, among other
elements in the record of the case. He concluded that “the occurrence of an offence is demonstrated,
consisting of the negligent infection with a deadly illness - such as AIDS - into the person of the child [TGGL],
by failure to observe the obligatory rules contained in the Manual for Banks, Blood Storage and Transfusion
Services.” As regards criminal responsibility, the Prosecutor stated that “it is not procedurally possible to lay
charges, since no individual has been identified, despite a request during a prosecutorial visit concerning
criminal responsibility and clear grounds for its existence.” 116
108 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 Provincial Council of the Azuay Red Cross of May 4, 2000. Folio
103.
109 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 witnesses’ additional information of July 10, 2000, and list of transfusions.
Brief of TGGL’s mother received on May 5, 2000. Folios 107 and 108.
110 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 July 18, 2000. Folio not numbered between 109 and 110.
111 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 July 25, 2000. Folio 110.
112 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 July 31, 2000. Folio 110.
113 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. Information Request of August 15, 2000. Folio 112.
114 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. Medical Record of Ana Plaza Suconota. Folio 113.
115 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 August 31, 2000. Folio 114.
116 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. Opinion of October 11, 2000. Folios 115 - 116.