21
102.
On January 11, 2001, the Ombudsman sent a brief to the Public Prosecutor’s office,
requesting that the latter require the First Chamber of the Superior Court of Justice of Azuay to reopen
summary proceedings, in order for the expert witnesses Peralvo and Vivar to report whether they had sent
TGGL’s and HS’s blood samples to the Hospital of the Catholic University of Louvain, Belgium. 117 On January
15, 2001, there was an order reopening summary proceedings, granting a time limit of 10 days. 118
103.
The report from the University of Louvain was completed on January 8, 2001. The test was
performed on four blood samples. Sample 1, belonging to TGGL; sample 2, belonging to HS’s identity
document; and samples 3 and 4 belonging to 2 HIV positive volunteers. The results indicated that the four
samples were clearly positive, that sample 4 could not be dealt with, and that only samples 1, 2, and 3
possessed sufficient viral RNA to perform a nucleotide sequence test; and that samples 1 and 2 were identical,
whilst sample 3 was genetically different from the first two.119 (Unofficial Translation).
104.
On January 24, 2001, the Ombudsman requested that the report of the Catholic University of
Louvain, Belgium be added to the evidence; that it be translated into Spanish; and that the expert witnesses
Peralvo and Vivar be required to issue definitive conclusions as to the origin of the infection. 120
105.
On February 19, 2001, the translations were sent to the expert witnesses Peralvo and
Vivar121 who stated on March 9, 2001, that “the same virus has infected the blood samples of the two
individuals”, referring to the girl TGGL and the individual to whom blood sample 2 belonged. They added that
“the HIV virus could only have been passed to the girl [TGGL] from the individual identified as 170686285-9
via two routes: sexual transmission or by transfusion of contaminated blood products originating from this
person.” At the end of their report they pointed out that “if the court investigations have excluded sexual
transmission, from the medical perspective it must be concluded that the only way of transmission of the HIV
virus to the child [TGGL] was the blood transfusion.”122
106.
On March 26, 2001, there was an order closing summary proceedings for the fourth time.123
On April 9, 2001, the Prosecutor’s office requested that the Fourth Court reopen summary proceedings and to
extend this to Mariana Ramírez, Bertha Regalado and Pablo Arturo Monsalve. 124 On April 10, 2001, summary
proceedings were extended to Mariana Ramírez, Bertha Regalado and Pablo Monsalve. 125
117 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. Ombudsman’s Communication of January 11, 2001. Folio 120.
118 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. Decision of January 15, 2001. Folio 121.
119 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. Report of the University of Louvain. Folios 124 and 125.
120 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 Ombudsman of January 24, 2001. Folio 123.
121 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 19, 2001. Folio not numbered, between 133 and 134.
122 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’ report of March 9, 2001. Folio 135.
123 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 26, 2001. Folio 136.
124 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 Public Prosecutor of April 9, 2001. Folio 137.
125 Referido en: Annex 2. Court File. Civil Action No. 323 05. Superior Court of Justice of Cuenca. First Chamber. Order of Aprill
10, 2001. Folio not numbered between 137 and 138.